TERMS OF USE

End User Privacy and Terms
MAD-learn LLC (“MAD-learn”) provides a service, curriculum, and platform for customers (“Customers”) to teach students how to develop mobile applications. This Privacy Policy and Terms of Use is made available on any of MAD-learn’s Services, and provides information on our policies and procedures regarding the collection, use and disclosure of personal information we receive from end users that download and use the Services (“End Users”). This Privacy Policy and Terms of Use may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on any of our Services. You are advised to consult this policy regularly for any changes.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Agreement Between End User and MAD-learn LLC

These Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of MAD-learn constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

This Privacy Policy and Terms of Use govern your use of the Services. This Services provides information about the respective Client (defined as a customer that has signed up for our product/services) as specified by the Client. None of the information contained within the Services is owned by MAD-learn. MAD-learn merely provides a way for the Customer to offer information and communication to its End Users on their mobile devices.

Consent to Use of Data

If you decide to download and use an Application, we will be collecting and storing on behalf of the applicable MAD-learn Customer any personally identifiable information that you provide to such MAD-learn Customer, such as, for instance, your name, email address, postal code, birthday, and other optional information that a MAD-learn Customer may choose to collect, which optional information is not required to use the Application.

You agree that MAD-learn may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. MAD-learn may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. Any data collected through the use of analytics is strictly confidential between MAD-learn and Customer and is used to further improve your experience through the Services. Any personally identifiable data that is collected through analytics is kept strictly confidential with MAD-learn and is not shared with any Customer. We do not sell any personally identifiable information of End Users to any third parties.

We may also collect your IP addresses as well as non-identifying details such as the geographic location of the IP address you are using to access the Internet, the type of browser used, which and how many web pages have been viewed by you, which applications you have used, search terms used, referring/exit pages, platform type and date/time information.

You may be asked by MAD-learn Customers to provide additional information to them, including your personally identifiable information, to be used and shared pursuant to their own privacy policies. We encourage you to read such privacy policies before providing any information to any MAD-learn Customers or other third parties. While working with reputable customers is a top priority for us, we are not responsible for the use of your information by MAD-learn Customers, and disclaim any liability related thereto.

Opt-Out

You may opt-out of any analytics tracking by emailing us at success@mad-learn.com with your device ID. Your smartphone ID can be found in the following ways, based on your device:

• Android

You can find one of several free apps on the Android Marketplace to look up your Android ID. Click here to find one.

• Blackberry

To find Blackberry PIN number, go to the following menu options: Options » Status » PIN on your device.

• iPad/iPhone/iPod (iOS)

To find your UDID, launch iTunes on your computer and connect your device. Select your device from the devices area on the left hand side of iTunes. In the right pane, locate the information about your iPhone in the Summary tab. Click Serial Number, and the Identifier (UDID) will appear.

Electronic Communications

Visiting www.mad-learn.com or sending emails through any features contained within the Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

MAD-learn does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mad-learn.com or any of its associated products (mobile websites or mobile applications) only with permission of a parent or guardian.

Links to Third Party Sites / Third Party Services

www.mad-learn.com or any of its Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MAD-learn and MAD-learn is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MAD-learn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MAD-learn of the site or any association with its operators.

Certain services made available via any of MAD-learn’s Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mad-learn.com domain or through any Services, you hereby acknowledge and consent that MAD-learn may share such information and data with any third party with whom MAD-learn has a contractual relationship to provide the requested product, service or functionality on behalf of Services’ end users and customers.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use any MAD-learn Services strictly in accordance with these terms of use. As a condition of your use of the Services, you warrant to MAD-learn that you will not use the MAD-learn software for any purpose that is unlawful or prohibited by these Terms. You may not use the MAD-learn software in any manner which could damage, disable, overburden, or impair the MAD-learn software or interfere with any other party’s use and enjoyment of the MAD-learn software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MAD-learn software.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the MAD-learn software, is the property of MAD-learn or its Customers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the MAD-learn software. MAD-learn content is not for resale. Your use of the MAD-learn software does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MAD-learn and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MAD-learn or our licensors except as expressly authorized by these Terms.

Materials Provided to Services, www.mad-learn.com or Posted on any MAD-learn Web Page

MAD-learn does not claim ownership of the materials you provide to www.mad-learn.com or any Services (including feedback and suggestions) or post, upload, input or submit to any MAD-learn Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MAD-learn, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MAD-learn is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MAD-learn’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by MAD-learn from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MAD-learn Content accessed through any MAD-learn software in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MAD-learn, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MAD-learn reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MAD-learn in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAD-LEARN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MAD-LEARN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAD-LEARN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAD-LEARN LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAD-LEARN LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restriction

MAD-learn reserves the right, in its sole discretion, to terminate your access to the MAD-learn software and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAD-learn as a result of this agreement or use of the Services. MAD-learn’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MAD-learn’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MAD-learn with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MAD-learn with respect to the MAD-learn software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MAD-learn with respect to the MAD-learn software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to End User Privacy and Terms

MAD-learn reserves the right, in its sole discretion, to change the Terms under which Services are offered. The most current version of the Terms will supersede all previous versions. MAD-learn encourages you to periodically review the Terms to stay informed of our updates.

Contact MAD-learn

MAD-learn welcomes your questions or comments regarding the Terms of Use:
MAD-learn LLC
1450 W Peachtree St NW # 200
PMB 87359
Atlanta, Georgia 30309-2955 US
info@mad-learn.com
434-623-2533
Effective as of May 01, 2017