Privacy & Security

Terms

Lore, Inc. Terms of Use

Last Updated Date: April 23, 2012.

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Lore, Inc. (“Lore” or “we”) provides a platform which enables course or group leaders (“Instructors”) and course or group members (“Students”) to manage their educational courses and other groups (“courses”) through our website, accessible at www.lore.com (the “Site”; and the services provided through such Site, the “Service”).  Using the Site, Instructors create courses where Students (and other users where the course, or certain course-pages within the course, are made “public” by the Instructor, and so generally readable by the public) can access materials and information related to the course, and where Instructors and Students can post messages and updates about course-related topics.  We want to make communication between Instructors and Students, and between Students, easier so that learning can be more interactive and fun.

Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which is accessible at www.lore.com/privacy-security/privacy/ and which is incorporated by reference into these Terms.  These Terms govern your access to and use of the Site, Service and Collective Content (defined below), and constitute a binding legal agreement between you and Lore.

IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THESE TERMS AND AGREE TO THEM FOR YOU.  IF YOUR PARENT OR GUARDIAN DOES NOT READ AND AGREE TO THESE TERMS ON YOUR BEHALF, YOU DO NOT HAVE PERMISSION TO USE THE SITE OR SERVICES. 

Key Content-related Terms

Content” means text, graphics, images, music, software, audio, video, information or other materials.

Lore Content” means Content that Lore makes available through the Site or Service, including any Content licensed from a third party, but excluding Member Content.

Member” means a person that completes Lore’s account registration process, whether as an Instructor or as a Student, as described under the “Account Registration” section below.

“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Service, including course syllabi, lecture handouts or presentations, or other reading materials.

Collective Content” means, collectively, Lore Content and Member Content.

Certain areas of the Site (and your access to or use of certain Service or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Service or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY TICKING THE “I AGREE TO THE TERMS OF USE” BOX WHEN CREATING A LORE MEMBER ACCOUNT, OR ACCESSING OR USING THE SITE OR SERVICE,OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR COLLECTIVE CONTENT.  If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Lore reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Serviceor to modify these Terms, at any time and without prior notice.  If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms.  By continuing to access or use the Site or Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.  If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service.

Eligibility; Student Records and Information

The Site and Service are not intended for use by persons who are 13 or younger.  Any access to or use of the Site or Serviceby anyone 13 or younger is expressly prohibited except in the limited circumstances described below.

We will not make the Site and Service available to persons who are 13 or younger, and you are prohibited from inviting or permitting persons who are 13 or younger to join a course created by you, unless a written agreement is in place between Lore and the school or school district you work for permitting Lore to collect personal information from students for the use and benefit of the school or school district in compliance with the Children’s Online Privacy Protection Act (COPPA).

Account Registration

In order to access certain features of the Site and Service and to post any Member Content on the Site or through the Service you must register to create an account (“Account”) and become a Member.

You may register directly via the Site or by logging into your Account with certain third party social media or social networking sites (“SNS”) (including, but not limited to, Facebook) via the Site, as described herein.  If you decide to register through an SNS, we may extract the personal information you have provided to the SNS (such as for instance your “real” name, photograph, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account.  The specific information that we extract may depend on the privacy settings you have with the SNS.  You hereby consent to our access to and collection of such personal information about you.  During the registration process, you will be required to provide certain information and you will establish a username and a password.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Lore reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.  You are responsible for safeguarding your password.  You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.  You will immediately notify Lore of any unauthorized use of your Account.

Public & Private Courses; Privacy

Instructors, when creating a course or at any time thereafter, can choose whether the different pages within the course (e.g., the syllabus, the calendar, the list of members and the course-stream) will be “private” or “public.”  If every page within the course is “private”, the name of the course may still be visible to the public, but the course-pages will only be available to Members who join the particular course.  If all or certain pages within the course are public, these course-pages (e.g., the syllabus, the calendar, the list of members and the course-stream) will be generally readable by the public, although individual grades and submissions will always be visible only to the Instructor and the particular Student. IF YOU ARE AN INSTRUCTOR, PLEASE CAREFULLY CONSIDER DESIGNATING COURSE-PAGES AS  “PRIVATE” OR “PUBLIC.”  IF YOU ARE A STUDENT, PLEASE BE AWARE THAT AN INSTRUCTOR CAN CHANGE A “PRIVATE” COURSE-PAGE TO A “PUBLIC” COURSE-PAGE AT ANY TIME; PLEASE KEEP THIS IN MIND WHEN SETTING YOUR PRIVACY SETTINGS IN YOUR ACCOUNT.

When creating a course, as an Instructor, you will be provided with a course-specific code which can be used to join the course and you can provide this course-specific code to people you want to invite to join the course.  Please note that Lore cannot ensure that the persons with whom an Instructor shares this course-specific code will not share the code with other individuals.  As such, we cannot guarantee that only those persons that an Instructor invites to join a course will join.  If you are the Instructor, you will be responsible for requesting the persons you invite not to share the code with others.  If you have a concern that uninvited Students have joined a “private” course, please contact the course Instructor, who can remove them. You can also contact us at privacy@lore.com.

You may only join a private course if you are given a code by the Instructor or receive an invitation email from Lore on behalf of your Instructor.  If you receive a code or invitation from an Instructor to join course, you are prohibited from sharing either with any third party without the Instructor’s prior consent.

See Lore’s Privacy Policy at www.lore.com/privacy for information and notices concerning Lore’s management of personal information.

Ownership

The Site, Service and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  You acknowledge and agree that the Site, Service and Collective Content, including all associated intellectual property rights, are the exclusive property of Lore or its licensors.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service or Collective Content.

License Granted by Lore to Lore Content

Subject to your compliance with the terms and conditions of these Terms, Lore grants you a limited, non-exclusive, non-transferable license to view, download and print any Lore Content solely for your personal and non-commercial purposes.  You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Service or Collective Content, except as expressly permitted in these Terms.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lore or its licensors, except for the licenses and rights expressly granted in these Terms.

Licenses Granted by Member to Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content.  By making available any Member Content on or through the Site or Service, you hereby grant (i) to Lore a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit, only on, through or by means of the Site or Service, such Member Content; and (ii) to all users of the Site a limited, non-exclusive, non-transferable license, without the right to sublicense, to use, view and copy any Member Content to which such users are permitted access solely for personal and non-commercial purposes.  Lore does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use your Member Content.

Member Content

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Service.  Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Service or you have all rights, licenses, consents and releases that are necessary to make such Member Content available through the Site or Service and to grant to Lore and to all users of the Site the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Lore’s use of the Member Content (or any portion thereof) on, through or by means of the Site or Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  Without limiting the foregoing, if you are an Instructor, you are solely responsible for compliance with the Family Educational Rights and Privacy Act (if applicable).

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Service (“Feedback”).  You may submit Feedback by sending us an email at concierge@lore.com or through the “Feedback” section of the Site.  You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, offensive or otherwise inappropriate taking into account the audience; (v) promotes discrimination, bigotry, racism, hatred, harassment, bullying or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Collect or store any personally identifiable information from the Site or Service from other users of the Site or Service without their express permission, or send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Impersonate or misrepresent your affiliation with any person or entity;

Use, display, mirror or frame the Site or Application, or any individual element within the Site or Service, Lore’s name, any Lore trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, or use any meta tags or other hidden text or metadata utilizing a Lore trademark, logo URL or product name, without Lore’s express written consent;

Access, tamper with, or use non-public areas of the Site, Lore’s computer systems, or the technical delivery systems of Lore’s providers, or forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Collective Content to send altered, deceptive or false source-identifying information, or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Service;

Otherwise use the Site, Service or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Lore will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Lore may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.  You acknowledge that Lore has no obligation to monitor your access to or use of the Site, Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  You agree to comply with any acceptable use or no harassment policy that Lore may post to the Site from time to time.  Lore reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Lore, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Service.  If you have any concerns about any Collective Content, please contact Lore at concierge@lore.com.

Links

The Site or Service may contain links to third-party websites or resources.  You acknowledge and agree that Lore is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or service on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Lore of such websites or resources or the content, products, or service available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or service on or available from such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, Lore will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you.  Lore reserves the right to revoke your access to and use of the Site, Service and Collective Content at any time, with or without cause.  You may remove courses from your Account or deactivate your Account at any time through the Settings page in your Account.  To remove a course, click Settings/Courses/Leave Course/Save Changes.  To deactivate your Account, click Settings/Account/Deactivate your Lore Account/Deactivate my Account.  If you would like us to delete your record in our system, please contact us at privacy@lore.com with a request that we delete your Personal Information from our database.  We will use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes.

Disclaimers

Lore is not an educational institution.  We do not provide, vet or monitor the courses or Member Content (including course-related materials) being provided on or through the Site or Services.  If you want to access a course through the Site or Services, you do so at your own risk.  THE SITE, SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, LORE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. LORE MAKES NO WARRANTY THAT THE SITE, SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LORE OR THROUGH THE SITE, SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE.  YOU UNDERSTAND THAT LORE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES LORE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICE.  LORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Lore, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Service or Collective Content, or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND COLLECTIVE CONTENT REMAINS WITH YOU.  NEITHER Lore NOR ANY OTHER person or entity involved in creating, producing, or delivering the Site, Service or Collective Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of or in connection with THESE TERMS or from the use OF or inability to use the Site, Service or Collective Content, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICE whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not LORE has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will LORE’S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100).  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LORE AND YOU.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Dispute Resolution

You and Lore agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.  You acknowledge and agree that you and Lore are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless both you and Lore otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law: 
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.  (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)  The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.)  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure:
Unless you and Lore otherwise agree, the arbitration will be conducted in the county where you reside.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Lore submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision:
The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.  Lore will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees:
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.  However, if your claim for damages does not exceed $75,000, Lore will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes:
Notwithstanding the provisions of the “Modification” section above, if Lore changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@lore.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Lore’s email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lore in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the New York without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

General

All trademarks, service marks, logos, trade names and any other proprietary designations of Lore used herein are trademarks or registered trademarks of Lore.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.  The failure of Lore to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lore.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.  These Terms constitute the entire and exclusive understanding and agreement between Lore and you regarding the Site, Service and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lore and you regarding the Site, Service and Collective Content.  You may not assign or transfer these Terms, by operation of law or otherwise, without Lore’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.  Lore may assign or transfer these Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.  Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Lore via email (in each case to the address that you provide); or (ii) by posting to the Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Contacting Lore

If you have any questions about these Terms, please feel free to contact Lore at concierge@lore.com.

Privacy

Lore, Inc. Privacy Policy

Last Updated Date: April 23, 2012.

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Lore, Inc. (“Lore” or “we”) provides a platform which enables course or group leaders (“Instructors”) and course or group members (“Students”) to manage their educational courses and other groups (“courses”) through our website, accessible at www.lore.com (the “Site”; and the services provided through such Site, the “Service”).  Using the Site, Instructors create courses where Students (and other users where the course, or certain course-pages within the course, are made “public” by the Instructor and so generally readable by the public) can access materials and information related to the course, and where Instructors and Students can post messages and updates about course-related topics.  We want to make communication between Instructors and Students, and between Students, easier so that learning can be more interactive and fun.

Lore provides this privacy policy (“Privacy Policy”) to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of the Site.  This Privacy Policy applies only to information that you provide to us through this Site.

This Privacy Policy may be updated from time to time.  If we modify this Privacy Policy we will post the modification on the Site or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of this Privacy Policy.  You are advised to consult this policy regularly for any changes.  Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use (“Terms”), available at the top of this page.  “Member”, as used in this Privacy Policy, refers to a person that completes Lore’s account registration process, whether as an Instructor or as a Student, as described under the “Account Registration” section of the Terms.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Public & Private Courses

Instructors, when creating a course or at any time thereafter, can choose whether the different pages within the course (e.g., the syllabus, the calendar, the list of members and the course-stream) will be “private” or “public.”  If every page within the course is “private”, the name of the course may still be visible to the public, but the course-pages will only be available to Members who join the particular course.  If all or certain pages within the course are public, these course-pages (e.g., the syllabus, the calendar, the list of members and the course-stream) will be generally readable by the public, although individual grades and submissions will always be visible only to the Instructor and the particular Student. IF YOU ARE AN INSTRUCTOR, PLEASE CAREFULLY CONSIDER DESIGNATING COURSE-PAGES AS  “PRIVATE” OR “PUBLIC.”  IF YOU ARE A STUDENT, PLEASE BE AWARE THAT AN INSTRUCTOR CAN CHANGE A “PRIVATE” COURSE-PAGE TO A “PUBLIC” COURSE-PAGE AT ANY TIME; PLEASE KEEP THIS IN MIND WHEN SETTING YOUR PRIVACY SETTINGS IN YOUR ACCOUNT.  (See the “Information Sharing and Disclosure” section below for further information.)

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, Service, features and content, to administer your membership and to enable users to enjoy and easily navigate the Site.

Personally Identifiable Information: 
Personally identifiable information is information about you that can be used to contact or identify you (“Personal Information”).

When you register with us through the Site as a Member, we will ask you for Personal Information.  Personal Information includes, but is not limited to, your name and email address.  Other Personal Information we collect depends on whether you’re an Instructor or a Student.  For example, if you’re a Student, depending on the course you join, we may ask you to provide the name of the school you attend, your field of study and your graduation year, or the name of your employer.  Similarly, if you’re an Instructor, we may ask you to provide the name of your employer and your field of study or practice.  If you are a Student, we may also collect Personal Information about you from your Instructor.  For example, your Instructor may provide us with your email address in order to invite you to join a course (See “Emailing and Messaging Via Lore” below).  In addition, if you register with us through the Site as a Member, you specifically consent to your Instructor disclosing to Lore your grade for any course of which you are a Member, so that Lore can enable you to receive your grade through the Site, and any notes the Instructor chooses to record in the Instructor’s account, so that Lore can enable the Instructor to more easily track your progress in and contributions to the course; you also acknowledge that the Instructor can change the course from a “private” course to a “public” course and vice versa at any time.  In addition, the Student’s name and email address will always be visible to the Instructor of each course in which the Student is a member irrespective of the Student’s individual privacy settings.

We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage (e.g., without limitation, individual preferences) (“Non-Identifying Information”).

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service and administer your inquiries.

We may also use your Personal Information (e.g., your email address) to contact you with Lore newsletters, and Lore and our partners’ marketing or promotional materials and other information that may be of interest to you.  If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us at privacy@lore.com.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.  But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).  We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users and by our third party service providers (such as Google Analytics and KissMetrics) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Site and Service are used.   We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

Log Data
When you visit the Site, whether as a Member or a non-registered user just browsing, our servers, or our third party service providers on our behalf, automatically record information that your browser sends whenever you visit a website (Log Data).  This Log Data may include information such as your computer’s Internet Protocol (or “IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics.  We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our users’ needs.  For example, some of this information is collected so that when you visit the Site again, it will recognize you and may serve advertisements and other information appropriate to your interests.  We also use this information to verify that users of the Site meet the criteria required to process their requests.  We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we, or our third party service providers on our behalf, use “cookies” to collect information.  A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.  We use cookies for two purposes.  First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site.  Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by users and web traffic routing on the Site.  Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.  If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

Emailing and Messaging Via Lore

As part of the Service, Instructors can invite people to join their courses via email through the Site.  Where Instructors have selected the option of adding one or more email addresses to the online form, the message they create in the corresponding template will be sent from Lore to those email addresses on their behalf.  These email addresses will be used only for the purpose of sending the email invitation to the addressee.  In addition, as part of the Service, each Instructor and Student can communicate with other Members, by email or by using our chat tool, and Members can communicate with each other and with other users by posting to the course-page. Members may also receive notifications of course activity by email.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Lore.  Safeguarding information to help protect you from identity theft is a top priority.  We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.  For more information about phishing, visit the Federal Trade Commission’s website.

Information Sharing and Disclosure

Lore Users:
As a Member (whether you are an Instructor or a Student), we will display your Personal Information in your profile page and elsewhere on the Site according to the preferences you set in your account (through the account settings section of the Site).  Any information you choose to provide should reflect how much you want other Lore users to know about you.  Please keep the following in mind when setting your preferences: (i) some courses available through Lore are “private” courses, in that the course-pages are only available to Members who have joined the particular course, while other courses available through Lore are “public” courses, in that the course-pages are generally readable by the public; and (ii) the Instructor for a particular course can change the privacy settings that apply to the course at any time and so a course that may have been “private” when you joined may in the future become a “public” course.  We recommend that Members think carefully about what information about themselves they disclose in their profile pages and what preferences they set in terms of who they want that information to be shared with.  You can review and revise your profile information and preferences at any time.

Aggregate Information and Non-Identifying Information:
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers:
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related service (e.g., without limitation, maintenance service, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used.  These third parties may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement:
Lore cooperates with government and law enforcement officials and private parties to enforce and comply with the law.  We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Lore or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers:
If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the Service.

Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their registration profile through the Site.  If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at privacy@lore.com with a request that we delete your Personal Information from our database.  We will use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

Lore is very concerned with safeguarding your information.  The security of your Personal Information is important to us.  No method of transmission over the Internet, or method of electronic storage, however, is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be the same as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, Lore transfers Personal Information to the United States and processes it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Site contains links to other websites.  If there are advertisements on the Site and you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website.  The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.  We do not exercise control over third party websites.  These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.  Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

The Site and Service are not intended for use by persons who are 13 or younger.  Any access to or use of the Site or Serviceby anyone 13 or younger is expressly prohibited except in the limited circumstances described below.

We will not make the Site and Service available to persons who are 13 or younger, and you are prohibited from inviting or permitting persons who are 13 or younger to join a course created by you, unless a written agreement is in place between Lore and the school or school district you work for permitting Lore to collect personal information from students for the use and benefit of the school or school district in compliance with the Children’s Online Privacy Protection Act (COPPA).

If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@lore.com.  If we become aware that a person under 13 has provided us with Personal Information, we will take measures to delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please feel free to contact us at privacy@lore.com.

 

Security

What security do you have at the company and on your servers?

Our servers are hosted on Amazon Web Services, which has a number of external certifications, including SAS70 Type II, PCI DSS Level 1, ISO 27001, as well as FISMA. We have strict controls on the server regarding incoming connections. Internally, we only allow access to those who absolutely need it to keep the servers running. To learn more about AWS security, click here.
How does Lore encrypt personal data?

All personal data is transmitted using 256-bit SSL encryption. This ensures that instructor and students’ data cannot be intercepted between your computer and our servers.
Where are our servers located?

Our servers are located in Amazon data centers in the United States. There are two main locations: California and Virginia. These data centers are very secure, as verified by a number of independent auditors, and are used both for governmental agencies and HIPAA-compliant healthcare services.
How does Lore protect student and professor private data?

We have strict security controls on both our servers and client-side code to ensure data can only reach those for whom it’s intended. This operates at both a course-level and a user-level to ensure that all private data only can be transferred to those who need it, and is only transferred when it is needed to perform the requested action.

FERPA

This is not a legal agreement or notice. For many instructors, FERPA is a consideration, and we wanted to provide you with information you might find helpful.

As you may know, the Family Educational Rights and Privacy Act (FERPA) is a U.S. Federal law that protects the privacy of student education records. According to the U.S. Department of Education, the law applies to all schools that receive funds under a program of the U.S. Department of Education. The U.S. Department of Education provides information on FERPA here.

If FERPA applies to your school and you’d like more information on what – if any – obligations you might have, contacting a compliance officer or administrator at your institution may be helpful.

When using Lore, certain information that instructors input into the site, (e.g., grades), may be considered a student education record under FERPA. Lore has policies to protect schools, instructors, and students. Through Lore’s Privacy Policy, students consent to the Instructor inputting their grade for any course of which they are a member. Lore doesn’t claim ownership to content you upload and, in general, most of the information provided to Lore is provided directly by the student, not the instructor.

Moreover, please know that Lore is very concerned with safeguarding its users’ information; it’s in our best interest to be. The security of users’ personal information is a priority for us.

You can see Lore’s Privacy Policy at www.lore.com/privacy for detailed information regarding Lore’s management of personal information.

As always, please let us know if we can be helpful in any way by emailing us at concierge@lore.com.