The services offered by Shmula LLC (“Shmula”) include online educational services, including (but not limited to) online educational videos, quizzes, downloadable bonus material and other features.
1. General.
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of Shmula. By using Shmula, you agree to be bound by this Agreement, whether or not you have registered with Shmula. You are only authorized to use Shmula if you agree to abide by all applicable laws and the terms of this Agreement. If you do not agree with these terms, your sole recourse is not to access Shmula. By accessing Shmula, you agree that you have read, understand and agree to this Agreement. You also agree to review this Agreement periodically to be aware of modifications to the Agreement, which Shmula may make at any time. Your continued access of Shmula will be deemed your conclusive acceptance of any modified Agreement. Shmula may deny, restrict, suspend, or terminate your access to all or any part of Shmula if Shmula believes that you have violated this Agreement.
2. Security and Access.
In consideration of your use of Shmula, you agree to provide accurate, current and complete information about you on the registration forms, maintain the security of your password and identification, maintain and promptly update any information you provide to Shmula, to keep it accurate, current and complete; and be fully responsible for your account. You agree to immediately notify Shmula of any unauthorized use of your account, or if you are aware or suspect other unauthorized use of the site or Shmula content. Shmula has taken reasonable steps to keep data housed on the site secure, however Shmula does not guarantee the security or integrity of the site or of any data housed on Shmula servers or third part servers utilized by Shmula. You are prohibited from violating or attempting to violate the security of the site. Shmula has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Shmula may suspend your access while it conducts an investigation. Shmula will not be liable for any loss that you incur as a result of someone else using your account with or without your knowledge. You may be held liable for any losses incurred by Shmula, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account. Shmula has no duty or obligation to monitor communications or access to Shmula servers and systems. However Shmula retains the right to monitor communications and access if it deems necessary or desirable to protect the interests of Shmula, its employees, customers, suppliers, partners, or any third party, or if required to do so by lawful act of any government body.
Shmula strives to provide access to the Shmula service on a continuous basis, and to that end, Shmula will take all commercially reasonable efforts to provide uninterrupted access. However, from time to time, access may be interrupted due to conditions within and beyond Shmula control, including but not limited to, force majeure, acts of God, power outages, acts of computer hackers and others acting outside the law, software issues, server downtime, increased Internet traffic, programming errors, regular maintenance, and other related reasons. In response to any unavailability, Shmula will take all commercially reasonable steps to ensure access is restored within a reasonable period of time.
3. Intellectual Property Rights.
Shmula is protected by copyright, trademark, patent, trade secret and other laws, and Shmula owns and retains all rights in Shmula content, resources, materials, and processes. Shmula’s copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of Shmula. All content available through the Shmula service are the proprietary property of Shmula or its licensors. No content available through the Shmula service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Shmula’s prior written permission. All eligible users are granted a limited license to access and use Shmula and to download or print a copy of information posted on the Shmula website solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.
Shmula’s policy is to respond promptly to claims of intellectual property misuse and to comply with the Digital Millennium Copyright Act OF 1998 (“DMCA”). If you believe that your work has been copied and is accessible on Shmula in a way that constitutes copyright infringement, notify Shmula immediately. To alert Shmula of infringement send an email to shmula@shmula.com.
The notice must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number, and e-mail; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent. After receiving a claim of infringement, Shmula will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Shmula will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.
You may submit to us on a non-confidential basis any relevant content that are owned and created by you for evaluation by Shmula. Unless otherwise agreed to in writing, you are granting Shmula an unlimited and unrestricted license to use, modify, and commercialize such content. Shmula is under no obligation to evaluate or use the content you submit and we may use content submitted by other third parties and we develop our own content internally that may be similar to the content that you submit to us. When submitting content to us you agree not to assert any claim against Shmula or our customers if this other content is similar to the content you submitted to us.
Trademarks and Logos (Intellectual Property) displayed on this website are property of Shmula LLC and customers, by virtue of becoming a paying member or free member of Shmula.com, tacitly and expressly give permission to display their registered trademarks and / or logos in promotional Shmula.com material now and in the future, stating that the Logo owner is a customer of Shmula LLC.
4. Fees, Payments, Recurrence, and Refunds.
You acknowledge that Shmula reserves the right to charge for any portion of Shmula and to change its fees from time to time at its discretion. You acknowledge that Shmula online subscriptions are recurring in nature and will automatically renew at the end of your subscription period. You may cancel your subscription at any time and it is your responsibility to cancel your subscription by contacting Shmula via email or phone before your account automatically renews. No refunds will be issued after purchase or account renewal.
5. Minimum System Requirements.
You acknowledge that you have reviewed the minimum system requirements noted on the Support page, and that you have tested your system by viewing at least one of the preview videos.
6. Mailings and Communication.
By indicating you want to receive email updates from Shmula, such as when you initially create your account or by otherwise submitting your email address to Shmula, you are consenting to receive emails from us about our products, services, and other news. This Agreement will apply to all such emails and such emails will be considered part of the Shmula service. You may opt out of such emails at any time by using the unsubscribe link included with each email.
7. Third Party Links.
Our provision of a link to any other website or location is for your convenience only and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.
8. No Warranty.
We do not guarantee the accuracy, the integrity, or the quality of the content contained in Shmula, and you may not rely on any of this content. All of the content offered through Shmula are provided “as is” and Shmula does not represent that any of the content is reliable, accurate, complete, or otherwise valid. ACCORDINGLY, Shmula, ITS SUPPLIERS AND OTHER PARTICIPANTS CONTRIBUTING INFORMATION TO Shmula DO NOT WARRANT THAT SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Shmula SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION IS PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
9. Limitation of Liability.
IN NO EVENT WILL Shmula, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF Shmula BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF Shmula, EVEN IF Shmula HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO PARTY SHALL MAINTAIN THAT Shmula, ITS AGENTS, LICENSERS, OR AFFILIATES IS LIABLE IN ANY MANNER WHETHER FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, ACCESS, OR AVAILABILITY OF Shmula SERVICES. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY FOR THE USE OF Shmula, ITS CONTENT, LINKS TO OTHER WEB SITES, OR THE INTERNET GENERALLY, ARE ASSUMED BY INDIVIDUAL WEB USERS AND THAT NO LIABILITY WILL BE CLAIMED OR WILL ATTACH TO Shmula WHETHER UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.Shmula HEREBY DISCLAIMS LIABILITY TO THE FULLEST EXTENT OF THE LAW. IN JURISDICTIONS WHERE SUCH DISCLAIMER MAY BE LIMITED, THIS DISCLAIMER IS LIMITED ACCORDINGLY TO THE MAXIMUM AMOUNT PERMITTED BY SUCH LOCAL LAW.
10. Indemnification.
You hereby agree to indemnify, defend and hold Shmula and all of our officers, directors, employees and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Shmula in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of your use of Shmula, the materials that you submit to Shmula, or your violation of the rights of any other person or entity. Shmula will provide you with written notice of such claim, suit or action.
11. Arbitration.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Utah and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Shmula may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
12. Miscellaneous.
This Agreement constitutes the entire agreement between Shmula and you with respect to Shmula. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of Shmula to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted in accordance with the laws of the State of Utah.
Should you have any questions or concerns regarding these Terms of Service, please contact us at:
Shmula LLC
1230 Farm Lane Circle
Orem, UT 84057
Last updated: 10 September 2013