PLEASE READ THIS DOCUMENT CAREFULLY. Simplitutor Inc. ("Simplitutor," "we," or "us") offers an online course creation platform and community through its website located at Simplitutor.com and all subdomains. By registering as a member or by using Simplitutor Service in any way, you accept these Terms of Service ("Agreement"), which form a binding agreement between you and Simplitutor. If you do not wish to be bound by this Agreement, do not use Simplitutor Service.
1. License to Use the Simplitutor Service
4. Account Types and Billing Terms
6. Term and Termination; Account Deletion
7. Content Restrictions
8. Code of Conduct
9. Licenses Granted by You
9.2 Text, Images, Quizzes, and Downloadable Files
10. Your Representations and Warranties
12. Third Party Copyrights and Other Rights
14. Limitation of Liability
15. General Provisions
LICENSE: Simplitutor grants you a limited, non-exclusive license to access and use the Simplitutor Service for your own personal and commercial purposes. This includes the right to view content available on the Simplitutor Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Simplitutor in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Simplitutor Service. Nor will you take any measures to interfere with or damage the Simplitutor Service. All rights not expressly granted by Simplitutor are reserved.
REGISTRATION: To use the Simplitutor Service, you must register as a user by providing your name, password, and valid email address. You must provide complete and accurate registration information to Simplitutor and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Simplitutor Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
ACCOUNT TYPES: In addition to offering Free Simplitutor accounts, we offer Simplitutor plans for which you can contact us. Features and prices are subject to change.
CANCELLATION AND REFUNDS: All of our paid account tiers are billed month-to-month with no annual contract. If you choose to cancel, your paid plan will be terminated immediately and you will not be refunded for any remaining days within the month you’ve already been charged for.
BILLING TERMS: By default, all paid plans are set to automatically charge every month unless you submit a cancellation request to us in writing via email.
5. Payouts and Refunds
PAYOUT TERMS: Both Simplitutor school owners and their affiliates are paid for signups 30 days after the end of the month in which a sale was made. This 30-day period is necessary to account for any refunds, since students have 30 days to request a refund on any course purchased through Simplitutor. Payouts are handled through PayPal, which can be set up in the Admin panel.
STUDENT REFUNDS: Students may be given a full or partial refund within 30 days of their initial class enrollment and payment depending upen the terms and conditions agreed between the Simplitutor and party
TERM: This Agreement begins on the date you first use the Simplitutor Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Simplitutor Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid accounts will remain active unless you explicitly ask us to delete it when you cancel your paid plan.
TERMINATION FOR BREACH: Simplitutor may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Simplitutor determines that you have violated any provision of this Agreement or that your conduct or content would damage Simplitutor's reputation. If Simplitutor deletes your account for these reasons, you may not re-register for the Simplitutor Service. Simplitutor may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Simplitutor will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, your course content may no longer be available. Simplitutor shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
All content you submit must also comply with Simplitutor’s Guideline, which are incorporated into this Agreement.
In using the Simplitutor Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Simplitutor has the right, but not the obligation, to monitor all conduct on and content submitted to the Simplitutor Service.
LICENSE TO Simplitutor: As between you and Simplitutor, you own the video content ("videos") that you upload to Simplitutor. Simplitutor will not copy, transmit, or publicly display your video content without your express permission.
LICENSE TO OTHER USERS: You further grant permission to all registered students of your courses to view your videos for their personal, non-commercial purposes. If you’ve set your videos as downloadable, your students also have the right to download a copy of your videos to their personal computers. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from Simplitutor, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. ‘
You also own all text, images, quizzes, and downloadable content that you upload into your Simplitutor courses and school. All registered students of your courses will be able to access your content for their personal, non-commercial purposes. If you’ve uploaded downloadable documents, your students also have the right to download a copy of these documents to their personal computers.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Simplitutor and grant the licenses set forth above; (ii) Simplitutor will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Simplitutor and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Simplitutor Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Simplitutor violates any law or infringes any third party right, including any intellectual property or privacy right.
Simplitutor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice via email.
Simplitutor reserves the right to modify our Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Simplitutor. Simplitutor has no obligation to screen or monitor any content and does not guarantee that any content available on the Simplitutor Service complies with this Agreement or is suitable for all users.
Simplitutor provides its Service on an "as is" and "as available" basis. You therefore use the Simplitutor Service at your own risk. Simplitutor expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Simplitutor makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Simplitutor Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) Simplitutor shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Simplitutor's total liability to you shall not exceed the amounts paid by you to Simplitutor over the twelve (12) months preceding your claim(s).
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Simplitutor Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Simplitutor and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Simplitutor in exercising any right hereunder will waive any further exercise of that right. Simplitutor's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Simplitutor's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Simplitutor electronically. Simplitutor may provide all such communications by email or by posting them on the Simplitutor Service. For support-related inquiries, you may contact us. Nothing herein shall limit Simplitutor's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Simplitutor on the Simplitutor Site or a written amendment signed by an authorized representative of Simplitutor. A revised Terms of Service will be effective as of the date it is posted on the Simplitutor Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Simplitutor and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.