Last Updated Date: April 23, 2012.
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.
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.
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).
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 email@example.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.
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.
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).
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 firstname.lastname@example.org 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.
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 email@example.com.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.
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.
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)).
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 email@example.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.
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.
If you have any questions about these Terms, please feel free to contact Lore at firstname.lastname@example.org.