TERMS AND CONDITIONS
Welearn Platform products and services are provided by Welearn. These Terms of Service ("Terms") govern your access to and use of all Welearn’s websites, products, and services ("Products"). Please read all these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you (“you” or “User”) agree to be bound by these Terms.
1. Using Welearn
a. Who can use WelearnYou may use our Products only if you can form a binding contract with Welearn, and only in compliance with these Terms and all applicable laws. When you create your Welearn account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to youSubject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Your Welearn AccountIf you create account using Our Products, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Welearn may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Welearn liability. You must immediately notify Welearn of any unauthorized uses of your account or any other breaches of security. Welearn will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
(i) Your account on Welearn is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own;
d. Commercial use of WelearnWelearn free version accounts are for non-commercial use only. Commercial use is permitted only of our business plan.
2. Your Content
a. Posting contentWelearn allows you to post different kind of content, including links, photos, videos, comments and others. Anything that you post or otherwise make available on our Products is referred to as "User Content". You retain all rights in and are solely and exclusively responsible for the User Content you post or reference on Welearn.
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
b. How Welearn and other users can use your contentBy posting and uploading contents, you grant Welarn and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Welearn solely for the purposes of operating, developing, providing, and using the Welearn Products. Nothing in these Terms shall restrict other legal rights Welearn may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long Welearn keep your contentFollowing termination or deactivation of your account, or if you remove any User Content from Welearn, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Welearn and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Welearn. If you remove Content, Welearn will use reasonable efforts to remove it, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
d. Content posted on other websitesWe have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which Welearn links, and that link to Welearn. Welearn does not have any control over those non-Welearn websites, webpages or posted contents on those websites, and is not responsible for their contents or their use. By linking to a non-Welearn website or webpage, Welearn does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Welearn disclaims any responsibility for any harm resulting from your use of non-Welearn websites and webpages.
e. User feedback providedWe love and value hearing from our users, and are always interested in learning about ways we can make our product into an epic experience. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Welearn does not waive any rights to use similar or related Feedback previously known to Welearn, or developed by its employees, or obtained from sources other than you.
Welearn respects the intellectual property rights of others, taking it serious and expects its users to do the same.
If you think your copyrights or any other immaterial rights, for example trademark rights or personal rights have been violated by the content of another User, please report the alleged infringements taking place on or through the site by writing an email to firstname.lastname@example.org
We care about the security of our users. While we work to protect the security of your content and account, Welearn cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Welearn. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Welearn, you do so at your own risk and you agree that Welearn will have no liability arising from your use of or access to any third-party website, service, or content.
Welearn may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-11 of these Terms.
If you use our Products on our free plans for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Welearn and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. WELEARN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Welearn takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
Welearn is exclusively liable for: we are, according to the law, unlimitedly liable for: (i) Damages resulting from injuries to life, limb or health; (ii) intent; (iii) gross negligence; and (iv) according to the product liability law. Without limiting the above, we are only liable for slight negligence in cases of a violation of a significant obligation of this contract. Here, “significant” obligations denote obligations, that are necessary for the fulfilment of this contract and whose violation would endanger meeting the purpose of this contract so that adherence to those obligations can regularly be relied upon. In those cases our liability is limited to typical and foreseeable damages; in all other cases we are not liable for slight negligence.
10. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Federative Republic of Brazil.
11. General Terms
Notification Procedures and changes to these Terms.Welearn reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Welearn without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver.No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CulturalMe’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.