ShalomLearning Terms of Use and Privacy Policy 

1. 1. Agreement to Terms of Use and Privacy Policy

   The www.shalomlearning.org, my.shalomlearning.org and www.shalomlearning.org websites (the “Site”) are owned by us, Shalom Learning, Inc. (“ShalomLearning”).  In consideration of your using our websites you agree to these Terms of Use and to our ShalomLearning Privacy Policy.

   2. Use of the Site
   • The Site is only for use by the synagogues with whom we have current, fully paid licensing agreements (our “Partners”), their enrolled students and their parents or legal guardians. You are receiving a limited, personal, non-transferable non-exclusive license to access and use the Site. You may not use the Site in any way that is unlawful, or harms us, or any other person or entity, as determined in our sole discretion.
   • You register for access to our Site. In cases where you authorize or register a Student to use an account(s), you are fully responsible for (i) the online conduct of the Student(s); (ii) controlling the Student’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, ShalomLearning reserves the right to provide access to your account to your parents (or legal guardian), upon such adult’s request. For additional information on how we use your information, please see the Privacy Policy.
   • You are responsible for obtaining the permission of the parents or guardians before any children under the age of 13 use our websites. You agree to supervise all access to and compliance with our Terms of Use of the Site by students, employees, or other persons under your control or supervision.
   • You understand and agree that the Services may include communications from ShalomLearning, including, but not limited to, service announcements, administrative messages, and announcements related to class activities and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
   • You agree that in accordance with the Intellectual Property policy below, the materials, information, functions, and other content (including submissions as defined below) contained on the Site are, and remain, ShalomLearning’s copyrighted property except as otherwise noted. All trademarks, service marks, trade names, and trade dress are, and remain, proprietary to ShalomLearning.
   • Any information, materials or content that you transmit, display, post, submit or store on, to or through the Site (“Student Content”), shall be considered non-confidential and non-proprietary, except for the personal identifying information, which is covered under our Privacy Policy. Any Student Content is and remains your sole property or the property of your licensors.  By uploading or otherwise making available any Student Content, you grant ShalomLearning, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the Student Content through the channel into which you have uploaded the Student Content subject to our Privacy Policy. You also permit any other user of ShalomLearning with access to the information, to access, view, store, and reproduce the Student Content to the same extent permitted herein.
   • By using the Site, you understand and agree that ShalomLearning may at any time monitor, record, review, use or disclose any content or text communication posted or transmitted by, to or from you on the Site.
   3. Registration Obligations

   To have the right and ability to use the Services, you will need provide, and as needed, update your current and accurate information, pay the registration fee, and obtain an account and password. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify ShalomLearning of any unauthorized use of your password or user identification and any other breach of security, and (b) be responsible for exiting from your account at the end of each session.  Please note that if registration information is inaccurate or incomplete, your registration can be canceled without refund.

   4. Intellectual Property Rights

   The software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Site are provided by ShalomLearning or third-party providers and are the copyrighted works of ShalomLearning and/or such third parties. Except as expressly authorized by ShalomLearning, you may not use, copy, reproduce, publish, distribute, modify, or create derivative works of any part of the Content or the Services, in whole or in part.

   5. Links

   The Site may contain content owned by third-parties and or links to other websites (“Linked Sites”).  Linked Sites are not under the control of ShalomLearning, and ShalomLearning is not responsible or liable for the content or privacy practices of the Linked Sites.

   6. Permitted Use

   You may only access the Site and use the Services for educational purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.  You will notify ShalomLearning of any content or actions by anyone you believe may be in violation of the requirements of our Agreement by sending an email to [email protected]

   7. Impermissible Uses

   You agree that the content you post, including your Student Content, will not contain material, contents or information that:

   • violates or infringes any patent, copyright, trademark, trade secret, or any other intellectual property rights of any person or entity or the privacy or publicity rights of another person
   • is obscene, libelous, defamatory, threatening, harassing, bullying, abusive, malicious, hateful, sexually explicit, pornographic or embarrassing or alarming to any other person or entity;
   • advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or illegal activities, or involves fraud, stalking or otherwise violating the legal rights of others;
   • is harmful to or attempts to harm a child or children or attempts to exploit a child or children in any way or seeks to obtain personally identifiable information about any child;
   • attempts to mislead others about your identity or the origin of a message or other communication;
   • violates any applicable law or regulation (including, without limitation, any U.S. or foreign laws restricting the export of data);
   • constitutes or contains junk mail, spam, advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
   • seeks to solicit Site members or guests to join or utilize outside sites or online services or organizations;
   • knowingly contains viruses, Trojan horses, worms, time bombs or other computer programming routines, engines or other software, data or programs that are intended to or may damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data, information or property of the Site or of any other person; or
   • is, from its nature or content, otherwise demonstrably or objectively inappropriate.
   8. Disclaimer of Warranties; Limitation of Liability.

   YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ALL SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” AND “AS AVAILABLE”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.  IN NO EVENT WILL SHALOMLEARNING OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SHALOMLEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SITE, ANY LINKED SITES, ANY CONTENT ON THE SITE OR ANY RELATED SERVICES, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR OR OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO INSTANCE WILL SHALOM LEARNING’S LIABILITY TO YOU EXCEED THE ANNUAL AMOUNT IT RECEIVES IN PAYMENT FROM YOU. If and to the extent that any jurisdiction does not allow the exclusion or limitation of direct incidental or consequential damages, ShalomLearning’s liability in such jurisdictions shall be limited to the full extent permitted by law.

   9. Release

   You hereby release and forever discharge ShalomLearning, its officers, employees, agents, and successors from all actions, causes of action, injuries, claims, damages, costs or expenses of any kind growing out of or related to you or your Student(s) use of the Services and Site. You understand that this is a full and complete release to the maximum extent allowed by law or all claims and damages which you or your Student(s) may have as a result of his or her use of the ShalomLearning Services and Site regardless of the specific cause thereof.

   10. Designated Agent

   For purposes of the Digital Millennium Copyright Act, ShalomLearning has registered a Designated Agent. All inquiries into alleged copyright infringement should be sent to ShalomLearning, ATTN: Operations Office, ShalomLearning, 1201 Seven Locks Rd, Ste 360-08, Rockville, MD 20854 or by email at [email protected].

   11. Modifications; Interruptions to the Service

   ShalomLearning reserves the right at any time and from time to time to revise its content.  ShalomLearning endeavors to provide uninterrupted service.  Should its service be interrupted, ShalomLearning will seek to restore service promptly.

   12. Choice of Law and Forum

   This Agreement is made under and subject to the laws of the Commonwealth of Massachusetts, which shall serve as the forum for any claims or disputes arising hereunder. For any dispute, the parties shall first seek to resolve any dispute by direct discussion, and should that not succeed then by mediation, and then if necessary by arbitration, and lastly only if necessary by a lawsuit, all within the Commonwealth of Massachusetts.

   13. Indemnification

   Shalom Learning agrees to defend, indemnify and hold You, and Your employees, contractors, officers, directors, agents, along with any third parties who contribute to your content or who provide services on Your behalf, from all liabilities, claims and expenses, including attorney’s fees, that arise from the content, actions, and services of Shalom Learning. You agree to defend, indemnify and hold ShalomLearning,  and its employees, contractors, officers, directors, agents, along with any third parties who contribute to the Site or related services, from all liabilities, claims and expenses, including attorney’s fees, that arise from your content (including claims arising out of Student Content you submit, post, transmit or otherwise make available through the Service) and your actions and your use of the Service.  The indemnifying Party will cooperate with the indemnified party in asserting any available defense.

   14. Severability and Integration

   Unless otherwise specified herein, the Legal Terms constitute the entire agreement between you and ShalomLearning and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ShalomLearning with respect to the Site. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

   15. Termination

   Either Party may terminate this agreement and terminate use and access to the services for cause after providing notice and a ten-day period to cure.  If you terminate for cause or Shalom Learning terminates without cause, you may receive a refund of any prepaid, unearned amounts. If Shalom Learning terminates for cause, or you terminate without cause, you shall remain obligated to pay the remainder of any unpaid portion of the license fee and your information may be deleted. “Cause” includes, but is not limited to, (i) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you which constitutes a self-initiated account deletion, (iv) discontinuance or material modification to the Service, or any part thereof, (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of fees owed by you in connection with the Service

   Copyright © 2021 Shalom Learning Inc.  All rights reserved.

   Last Revised: July 7, 2021