Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Modern Learner Media, LLC’s web sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Modern Learner Media, LLC’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modern Learner Media, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Modern Learner Media, LLC’s web site are provided “as is”. Modern Learner Media, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modern Learner Media, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Modern Learner Media, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Modern Learner Media, LLC’s Internet site, even if Modern Learner Media, LLC or a Modern Learner Media, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Modern Learner Media, LLC’s web site could include technical, typographical, or photographic errors. Modern Learner Media, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Modern Learner Media, LLC may make changes to the materials contained on its web site at any time without notice. Modern Learner Media, LLC does not, however, make any commitment to update the materials.
6. Newsletter
By subscribing to our newsletter, you opt-in to receiving periodic newsletters from Modern Learning Media LLC, and you may unsubscribe from the newsletter at any time.
7. Links
Modern Learner Media, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modern Learner Media, LLC of the site. Use of any such linked web site is at the user’s own risk.
8. Site Terms of Use Modifications
Modern Learner Media, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Right to Expel
We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
10. Right to Terminate
We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
11. Prohibitions
You agree that you will not:
1. use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose,
2. place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,
3. place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
4. place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site,
5. place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site,
6. pretend to be another person that you are not,
7. place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
12. Viruses, Hacking and Other
You must not misuse the Site by knowingly introducing (or transmitting data, sending or uploading any material that contains) viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material, programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware of the Site. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, Your rights to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer. You acknowledge that you are solely responsible for any Information that you choose to disclose and make publicly accessible via the Site, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such Information.
You acknowledge that any information posted to publicly accessible areas may remain publicly accessible indefinitely. In consideration of your continuing use of the Site, we shall be entitled, without further obligation, to retain, disclose or otherwise use the Information for any purpose. Also, in consideration of your continuing use of the Site, you hereby assign all your interest in intellectual property rights in such information to us as a continuing obligation, with full title guarantee for the full duration of such rights, wherever in the world where ever they are enforceable. You agree to execute all documents and assignments and do all such things necessary to ensure that we are able to enjoy the benefits of the rights under this condition.
You will not take any action prejudicial to the subsistence of the intellectual property rights in the Information and from any action prejudicial to the assignment pursuant to this condition.
13. Hold Harmless and Indemnify
You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
14. Intended Audience
This website is intended for adults only. This website is not intended for any children under the age of 16.
15. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
16. Indemnification
You agree to indemnify, defend and hold PD Marketing LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
17. Sharing Your Content and Information
The Service enables you to add posts, photos, questions, links, files, and videos (both live and recorded) and events and chat with other members. All material that you upload, publish or display to others via a Network, will be referred to collectively as “Your Content.”
In connection with your use of the Service, you hereby grant and will grant Modern Learners Media LLC, nonexclusive, worldwide, royalty free, transferable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed. You agree that this license includes the right for us to make Your Content available to other companies, organizations, or individuals who partner with us in the delivery of the Service.
You acknowledge and agree that Modern Learners Media, LLC. may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Modern Learner Media, LLC., its Users and the public. You understand and agree that the technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
It is the user’s responsibility to avoid infringing the intellectual property and personal rights of others in connection with Your Content. You are in best position to judge whether you are in violation of intellectual property or personal rights of any third party. You accept full responsibility for actions that violate the intellectual property or personal rights of others in connection with Your Content. You agree to pay all royalties, fees and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the Modern Learners Terms and Conditions for any other reason.
18. Privacy
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://modernlearners.com/terms Modern Learner Media, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
20. Governance
These terms will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of New Jersey. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.
Last Updated: 12/7/18