We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 5, 2017.
Description of Service
Lably service allows students to find courses that they are interested in taking, and allows instructors to find students interested in taking their courses.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses and User Submissions
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Lably, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Lably in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Lably in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Lably or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Lably name or trademarks without the express written consent of Lably.
Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. Lably does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize Lably to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
You hereby grant to Lably a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to Lably by all means and in any media now known or hereafter developed. You also grant to Lably the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Lably for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Lably.
Lably will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Lably notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of email@example.com that sets forth the information specified by the DMCA (see https://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You must be 13 years or older to use the Service.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, valid email address, zip code, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Lably will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.
- You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
Conduct on Service
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any User Submission — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any User Submission. Our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See “Copyrights, Licenses and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Teaching or Attending A Course
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Course Agreements”) that a instructor and student may enter into in connection with a course, including any Course Agreements entered into through the Service. Students and instructors are each responsible to the other for complying with the terms of the Course Agreements, but Lably has no control over either party’s compliance. Among other things, Lably cannot control (a) the provisions of the Course Agreements, (b) the accuracy or legality of the Course Agreements or (c) any party’s performance of its obligations under the Course Agreements. Accordingly,Lably shall not be held responsible for any liability arising out of the Instructor Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LABLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “LABLY PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE COURSE AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your instructing or attendance of a course is at your sole risk. Lably does not supervise courses and is not involved in any way with the actions of any individuals (whether students or instructors) at any course. As a result, we have no control over the identity or actions of the individuals who are present at these courses, and we request that our users exercise caution and good judgment when attending courses. You acknowledge and agree that by participating in any course (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any course. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LABLY AND EACH OF THE OTHER LABLY PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Specific Rules for Students
- You agree to accept all of the terms and conditions including the cancellation policy listed in the Terms when you agree to create a Lably account.
- The courses offered on Lably are offered directly by the instructor. Lably is not responsible or liable for any information on its Service listings or profiles.
- The couress offered on Lably are offered directly by the instructor. Lably is not responsible or liable for the instructors conduct including behavior or time length of course.
- The courses offered on Lably are offered directly by the instructor. Lably is not responsible or liable for any instructors technical issues during the length of the course. Technical issues can and does not only include video disconnections, black out video, pixelation of video, poor connection, poor video, poor audio, missing audio, missing video, missing content, etc.
- Lably is not responsible for any changes made to a courses by the instructor.
- You agree to follow all reasonable rules set by an instructor with respect to a course, and not to take any actions to interfere with the instructor or any other students in the course.
- You agree to attend each course solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ courses, or for interfering with any courses or the instructor’s ongoing relationship with any students attending such course.
- You may access course content for your information and personal use only. You shall not download any content unless you see a “download” or similar link displayed by Lably on the Service. You may not share content from the Service with anyone who is not properly licensed to access the content.
- You agree to not share access to your account or share purchased content to other users or people.
Specific Rules for Instructors
- By listing a course on Lably, you assume full responsibility for the content of the Service offered.
- By listing a course on Lably, you understand that it is publicly available to be viewed and booked by any student.
- By listing a course on Lably, you agree to honor any enrollments through mylably.com at the price and time listed in the Service, and not to refuse enrollments or attendance by any student for any discriminatory or other illegal reason.
- By listing a course on Lably, you grant us the right to place advertisements on your content at our sole discretion.
- You agree that any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
- You represent and warrant to Lably that you are qualified to teach the course that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
- You agree not to abuse your students’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your course without the students’ prior consent.
- You understand that, if you teach a course, your students will have the opportunity to review their experience with you. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
- You may choose to remove content from your course and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for your course.
- You grant us full ownership of any video content that we have filmed for you or that has been submitted to Lably. It is at our sole discretion to remove, add, or edit that video content.
- You agree that you will not submit content to Lably that violates the Lably Community Guidelines, which may be occasionally updated.
- Lably reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.
- You agree to all details listed in the Instructors Handbook (https://mylably.com/instructors-handbook/)
Payment and Fees
- Fees for courses are collected by Lably from students via PayPal and (subject to the below) are then remitted to the instructor via PayPal.
- Instructors royalty earning payment PayPal fees are paid by instructors.
- Student purchasing access (enrolling) to Live courses and On Demand courses are final sales.
- The only case in which a refund will be issued is if an instructor completely misses or is absent from the entirety of their scheduled Live Class, in this case the course is considered cancelled.
- Course are considered cancelled only if they do not show up within 1 hour of their scheduled timeslot. Lably is not responsible for the time length of an instructor’s course.
- It is the student’s responsibility to attend their Live Course, refunds are not given to those who missed a scheduled course.
- Royalty earnings for instructors are detailed in the “Instructor Handbook” which can be found here.
- Instructors and students agree that Lably’s responsibility is solely to process payments as set forth above, and Lably is not party to any transaction between any student and/or instructor and cannot be held responsible for any issues arising from any such transaction.
- Fees for courses or any other portion of the Service may be changed at any time without prior notice.
- Instructors are responsible for all income, sales and other taxes associated with fees earned from their courses.
Royalty Earning Program
You may earn revenue as a instructor. You must apply and be accepted to become an Instructor. Lably outlines requirements for applicants, which are subject to change. These minimum requirements are a general guideline, and exceptions are handled on a case by case basis.
Cancellations and Refunds
Lably is not responsible or liable for any refunds for courses. All enrolment sales are final. No Refunds or cancellations.
Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY COURSE THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any course or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY COURSE, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any course represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Lably spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER LABLY PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE,NOR ANY OTHER LABLY PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY COURSE OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and the other Lably Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Most communication between Lably and you will be sent and received electronically. You agree that all electronic communication between Lably and you shall satisfy any legal requirements that such communications be in writing.
Any rights of Lably not expressly granted herein are reserved.