This section shall not apply so long as MAD-learn and Customer are parties to an effective non-disclosure agreement that would govern the disclosure of information hereunder. Any information that a receiving party knows or has reason to know is confidential or proprietary (because such information is identified by the disclosing party orally or in writing as such or is not generally known in the relevant industry), is “Confidential Information” and shall remain the sole property of the disclosing party. Neither party shall disclose, use, modify, copy, reproduce or otherwise divulge Confidential Information of the other, except as required by law or in furtherance of the relationship between the parties. This section shall not apply to information disclosed in published materials, generally known to the public, lawfully obtained from any third party, or known to or independently developed by the receiving party, including, but not limited to, anonymous user data collected by the receiving party in connection with the Services.
Customer agrees that it will use the Services only for lawful purposes and in accordance with this Agreement and the TUP. The TUP can be found on the MAD-learn website at http://MAD-learn.com/legal/termsofuse . Customer will comply at all times with all applicable laws and regulations and the TUP, as updated by MAD-learn from time to time. The TUP is incorporated herein and made a part hereof by this reference. MAD-learn may change the TUP upon fifteen (15) days’ notice to Customer, which notice may be provided by posting such new TUP at the MAD-learn Site. Customer may request a current copy of the TUP by sending or faxing a request to MAD-learn. Customer agrees that it has received, read and understands the current version of the TUP. Customer shall take all commercially reasonable efforts to ensure that data uploaded or published via use of the Services does not contain any harmful, malicious or hidden procedures, routines or mechanisms which could: (i) cause computer programs to cease functioning, (ii) damage or corrupt data, storage media, programs, equipment or communications, or (iii) otherwise interfere with the Services or other MAD-learn products or operations.
The Agreement is binding upon and inures to the benefit of each party and its successors and permitted assigns. The Agreement shall be interpreted under Delaware law. Notwithstanding any local laws to the contrary, the parties agree that the governing language of this Agreement and any notices related hereto shall be English. Prior agreements, representations, and statements with respect to the subject matter are superseded. This Agreement may be changed only in writing signed by MAD-learn and Customer, and no effect shall be given to terms set forth in any Customer purchase order, confirmation or similar document. No failure or delay of either party to exercise or enforce any of its right operates as a waiver of any such right. If any provision is held unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions shall remain in effect. If either party is prevented from performing any of its obligations due to any cause beyond the party’s reasonable control, that party’s performance will be excused for the period of the delay or inability to perform due to such occurrence. The parties are independent contractors. Customer shall not, nor shall it cause MAD-learn to, export or permit any third party to export, directly or indirectly, any item without appropriate licenses and clearances. Sections 4, 5, 6.3, 9 and 10 shall survive termination.
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.
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.
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.
You may opt-out of any analytics tracking by emailing us at firstname.lastname@example.org with your device ID. Your smartphone ID can be found in the following ways, based on your device:
You can find one of several free apps on the Android Marketplace to look up your Android ID. Click here to find one.
To find Blackberry PIN number, go to the following menu options: Options » Status » PIN on your device.
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.
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.
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.MADlearn.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.
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.
MAD-learn does not claim ownership of the materials you provide to www.MAD-learn.comor 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.
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.
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.
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.
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.
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.
This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of MAD-learn’s services and systems (the “Services”) by our customers and end users (each, a “User”). This policy is intended to provide examples, but not an exhaustive list, of conduct deemed by MAD-learn to be inappropriate or harmful to the reputation of MAD-learn and therefore prohibited when using the Services. The guidelines and restrictions in this AUP on use of the Services by a User shall apply equally to any person or entity that is provided access to the Services, directly or indirectly, by a User. By using the Services, User acknowledges that it has read, understood and agrees to comply with the terms of this AUP.
User must use the Services in a manner consistent with the permitted and intended use of such Services. Unless otherwise expressly permitted in writing by MAD-learn, User may not assign, transfer, distribute, resell, lease or otherwise provide access to the Services to any third party, or use the Services with or for the benefit of any third party (other than authorized end users). User may only use the Services for lawful purposes and in accordance with this AUP.
MAD-learn takes no responsibility for any User content created, made accessible or delivered on or through the Services. MAD-learn does not monitor or exercise any editorial control over such content. User is solely responsible for any content published or made available through the Services by User. User is further responsible for compliance with all laws applicable to the publication and distribution of such content. User shall be solely responsible for maintaining a copy of its content.
User shall not use the Services to transmit, distribute or store material that is inappropriate (as reasonably determined by MAD-learn), or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or is inconsistent with the generally accepted practices of the Internet community. User shall ensure that its use of the Services and all content transmitted, distributed or stored on the MAD-learn network or systems do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. User shall not use the Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, malware, or other component harmful to the Services, any other network or equipment, or other Users.
User shall not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information.
User shall not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
User shall not use the Services to send unsolicited e-mail messages or other postings, including, without limitation, bulk commercial advertising or informational announcements (“spam”). Further, User is prohibited from using the service of another provider to send spam or to otherwise promote an application hosted on or connected to the MAD-learn network or Services. In addition, User shall not use the Services to: send messages that are excessive and/or intended to harass or annoy others; continue to send messages to a recipient who has indicated that he/she does not wish to receive them; send messages with forged header information; or send malicious messages. MAD-learn reserves the right to charge User at MAD-learn’s standard rates for time required to handle any complaints that User violated this Email and Spam section.
User is prohibited from violating or attempting to violate the security of the Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: accessing data, servers, accounts, databases, or systems that User is not authorized to access; impersonating MAD-learn personnel; attempting to breach security or authentication measures without proper authorization; attempting to interfere with, disrupt or disable use of the Services to any user, host or network; taking any action in order to obtain services to which such User is not entitled; or attempting to utilize another party’s account name or persona without authorization from that party. User is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for MAD-learn Services. Violations of system or network security may result in civil or criminal liability.
If User becomes aware of any content or activity that violates this AUP, User shall take all necessary action to prevent such content from being routed to, passed through, or stored on the MAD-learn network or services. To the extent MAD-learn becomes aware of any content or activities that MAD-learn deems, in its sole discretion, to be in violation of this AUP, MAD-learn may immediately block access to such content, suspend or terminate any affected MAD-learn service, or take any other actions MAD-learn deems appropriate. MAD-learn shall be solely responsible for determining if any content or action violates this AUP. MAD-learn reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm MAD-learn’s network, Services or customers. MAD-learn also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that MAD-learn deems responsible for the wrongdoing. MAD-learn will endeavor to provide notice to User prior to suspension or termination of MAD-learn services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on MAD-learn. MAD-learn shall not be liable for any damages of any nature suffered by any User or third party resulting in whole or in part from MAD-learn’s exercise of its rights under this AUP.
MAD-learn reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.MAD-learn.com. Any use of the Services after such modification shall constitute acceptance of such modification. Any violation shall be sent to abuse@MAD-learn.com
Last updated: May 1, 2017