Terms and Conditions

Overview

Please read these Terms and Conditions (“Terms”, “Terms and Conditions,” or “Terms of Use”) carefully before using our website and any other service (the “Service”, or: “Services”, “Website,” “Site,” “Platform”) operated by joy2learn Foundation (“joy2learn”, “us”, “we”, or “our”). Your access to and use of the Service (“Use”) is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. The terms apply to all users of the website, including those who are simply navigating the website, or those who register an account. By using or accessing the website, you agree to be bound by the terms. If you do not agree to the terms, do not use the website or service. These Terms include the joy2learn Privacy Policy, which is incorporated herein. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service; please close this site and exit the Service immediately.

Eligibility

You are eligible to use the Service if you are the age of 18 or older (“User”) or if you are between the ages of 13 and 17 and you comply with Section “Teen User”.  You are ineligible to use this Service if your use of the Website  has been suspended by joy2learn or you are under the age of 13. Should we determine that you do not meet the age requirements for using our Service, your ability to use the Website will be terminated immediately.  
By becoming a Member/ User of the Service, you represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. Use of the Service is for your sole, personal use.

Teen User

As a Teen User, between the ages of 13 and 17, you may use the Website only if your parent or legal guardian consents to your Use. If you are a parent or legal guardian or a Teen User, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable additional terms in their entirety on behalf of yourself and your Teen User whether or not you use the Website. You further understand and agree that you will ensure your Teen User’s compliance with these Terms and that you are responsible for any noncompliance by your Teen User. Persons under the age of 13 must be supervised by an adult/guardian during any usage, live sessions, online video or chat.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Please see our Privacy Policy for more information.

Our Services

joy2learn is a nonprofit organization dedicated to improving arts education in public schools by providing free, interactive web-based presentations featuring legendary artists from different art forms discussing and demonstrating their work. The video lessons, designed for use in grades K-12, serve as a primary resource for arts education and can be incorporated into the study of math, science, history, social sciences and more, to bolster comprehension and retention of information across disciplines.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through our Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii)that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish, and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Should you provide joy2learn with information including but not limited to feedback, survey data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and joy2learn assumes no obligation to protect such information from disclosure. The submission of such information to joy2learn shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by joy2learn for any purpose what so ever and by such submission you (i) grant to joy2learn the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by joy2learn will not infringe or violate the rights of any third party.

joy2learn has the right but not the obligation to monitor and edit all Content provided by users.

IN ADDITION, CONTENT FOUND ON OR THROUGH THIS SERVICE ARE THE PROPERTY OF joy2learn OR USED WITH PERMISSION. YOU MAY NOT DISTRIBUTE, MODIFY, TRANSMIT, REUSE,DOWNLOAD, REPOST, COPY, OR USE SAID CONTENT, WHETHER IN WHOLE OR IN PART, FORCOMMERCIAL PURPOSES OR FOR PERSONAL GAIN, WITHOUT EXPRESS ADVANCE WRITTEN PERMISSION FROM US. PLEASE SEE THE SECTION ENTITLED INTELLECTUAL PROPERTY FOR MORE INFORMATION.

joy2learn uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein. 

Confidentiality

J2Lmaintains strict confidentiality of records, notes and client information and will only disclose confidential information with the express written consent of the user and/or their parent/guardian. Please see our Privacy Policy for more information.

Intellectual Property

The Service and its original content (excluding Content provided by users),features and functionality are and will remain the exclusive property of J2Land its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as stated herein, none of the contents of the Website, trademarks and trade dress maybe modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written consent of joy2learn.

Third Party Service Providers

joy2learn may use third party service providers at its discretion. All information collected by third parties are governed by their various Terms of Service and Privacy Policy. joy2learn has no control over and cannot be responsible for third party service providers.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by joy2learn.
joy2learn has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that joy2learn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Equipment Failure

joy2learn is not responsible for any interruptions due to slowness or failure of a user’s computer hardware, software, internet connection or related technology.

Assumption of Risk

You assume all risks when using the Website and Services, including but not limited to all risks associated with interacting with Users of the Website whether it be online or offline.

Release

If you have a dispute with one or more of the other users of the Website, you release joy2learn (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Liability

joy2learn and its employees, representatives, owners or contractors will not be held liable for any misinformation given or mistakes made by contractors, employees or anyone else in/during any instructional services.

The views and opinions expressed by joy2learn’s employees, user’s and other persons contracting through joy2learn are solely their own and in no way, represent joy2learn’s views or opinions.

By using joy2learn’s services, user hereby AGREES TO INDEMNIFY AND HOLD HARMLESS joy2learn, its employees, representatives, owners and contractors from any loss, liability, damage, or costs, including court costs and attorneys’ fees that user may incur due to his/her participation in joy2learn’s Services, from joy2learn’s employees, representatives, owners or contractors used outside of lessons in any context at all, WHETHER CAUSED BY NEGLIGENCE OF joy2learn employees, representatives, owners or contractors or otherwise, to the fullest extent allowed by law.

It is the user’s express intent that this agreement shall bind the members of his/her family and spouse, if user is alive, and his/her heirs, assigns and personal representative, if user is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE joy2learn or its employees, representatives, owners or contractors.

Students under 18 who are enrolled in joy2learn courses are under the consent and supervision of a parent/guardian.

Copyright Policy

J2Lrespects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. §512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;
2. identification of the copyrighted work(s)  that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail  address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the  copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Please reach out to our designated Copyright Agent forJ2L at info@joy2learn.org.

Indemnification

You agree to indemnify and hold joy2learn, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your User Content, or (iii) your violation of this Agreement. joy2learn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of joy2learn. joy2learn will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Applicable Law and Enforcement

This Website is controlled by joy2learn from within the State of California, United States of America. joy2learn makes no representation that the material on this Web site is appropriate or available for use in other locations. Any claim relating to the material on this Web site will be governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States of America. Your use of this Web site does not subject joy2learn to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. Any part of these terms and conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Forum Selection

You agree that the laws of the State of New York govern this agreement and any claim or dispute or issues arising from it, without regard to New York’s conflict of laws rules. Unless you and we agree otherwise, you agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in New York City in the State of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30-days’notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including any joy2learn Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement or if we believe you are younger than 13 and using the Website without adult supervision. Upon termination of this Agreement, your joy2learn Account and right to access and use the Services will terminate immediately. joy2learn will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your joy2learn Account or deletion of your User Content.

Entire Agreement

This Agreement (which includes the Privacy Policy and any other rules posted on the Website) constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without joy2learn’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Effective date: July 1,2022