Terms and Conditions of Use

Welcome to the world of Educator.com. Educator.com provides online educational services which include video lectures, quizzes, exercise files and online community features. Below is a detailed explanation of our terms and conditions. You should read and understand them as they govern your use of our service.

User Agreement for Access to the Educator, Inc. World Wide Website

I. General Disclaimers

Terms of agreement provide for the legal terms by which you are bound when you use Educator.com services. If you use Educator.com services, then you are bound by these legal terms whether or not you are a member of Educator.com. You can only use Educator.com services if you accept these terms of agreement. If you do not accept these terms then you should not use any of the Educator.com services. You must also accept the rule that Educator.com has the power/authority to change any part of its services and its charges according to its wish. If Educator.com finds out that you have broken this Agreement, then, at any time, Educator.com may remove your posts, and suspend or terminate your access to a part or all of the Educator.com Services.

II. Eligibility

Educator.com services should not be used where they are prohibited. Educator.com services are only meant for adults or children 13 years old or older. If a child is below 13 years old then his/her registration should be done by a parent or legal guardian. Parents are also allowed to utilize Educator.com services.

III. Billing Conditions

The monthly plan is a recurring subscription service where you will be billed at the beginning of each term. The term for the monthly plan is 30 days. Your Educator.com membership will continue every 30 days unless and until you cancel your membership.

Six and twelve-month plans are to be paid in full at the beginning of their term and constitute 180 days or 360 days, respectively, of use.

If you cancel within a 30 day billing cycle for the monthly subscription, you cancel only future charges associated with your subscription, and you will still have access to the remaining subscription. Your access and privileges will continue to the end of the current billing period, and you will not receive a refund. However, you must cancel your membership before it renews each 30 days in order to avoid billing of the next month's membership fees to your Payment Method. You will not be notified in advance of impending renewals. If you do not cancel, we will bill the membership fee to the Payment Method you provide to us during registration every 30 days. Re-subscriptions to the monthly subscription are subject to current terms of $45 for the first month and $35 per month thereafter.

If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. In addition, if any or all of our digital products are temporarily unavailable, you will not receive a refund.

Refunds will only be given at the discretion of Educator.com and only if one of the following reasons can be proven with physical documented proof:

• Duplicate billing or an incorrect amount billed.
• Suspicion of identity theft.

IV. Instructor Terms

The subclauses, phrases, terms, and conditions herein shall apply to instructors, teachers, and others who post content, whether audio, video, or written (collectively, “Instructor”). Instructors shall follow the rules outlined herein and abide by the warranties and representations they make when providing material to Educator, Inc.

1. License

   Instructor hereby grants to Educator, Inc. a non-exclusive, royalty-free, worldwide, perpetual license. Such license includes Educator, Inc.’s right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material produced, provided, or otherwise uploaded by Instructor. Additionally, any other materials or information (including, without limitation, ideas for new or improved products or services) Instructor communicates to Educator, Inc. via any and all means and in any media now known or hereafter developed. Instructor also grants to Educator, Inc. the right to use Instructor’s name, likeness, voice, appearance, and representations in connection with the submitted materials and other information. Additionally, Instructor grants that all sales, advertising, marketing and promotional material related to such license, as discussed herein, may be performed by Educator, Inc., without consideration. Instructor agree that Instructor shall have no recourse against Educator, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in Instructor communications to Educator, Inc. Further, Instructor warrants and represents that any such material is theirs to publish, license, or otherwise have lawful claim to.

   As stated above, by submitting or posting content on or through the platforms, Instructor grants to Educator, Inc. a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Instructor’s content in any and all media or distribution methods (existing now or later developed). This includes making Instructor content available to other companies, organizations, or individuals who partner with Educator, Inc. for the syndication, broadcast, distribution, or publication of content on other media. Instructor represents and warrants that Instructor has all the rights, power, and authority necessary to authorize Educator, Inc. to use any content that Instructor submit. Instructor also agree to all such uses of Instructor content with no compensation outside of that agreed to in the “Instructor Agreement”.

   Educator, Inc. does not contest Instructor’s right to distribute, sale, or otherwise monetize their content, so long as it does not conflict with the nonexclusive licenses granted herein.

   By agreeing to the Terms & Conditions herein Instructor represents that they understand, acknowledge, and accept that Educator, Inc. shall hold a non-exclusive license to Instructor’s content, contributions, likeness, voice, appearance, and any signature appearance or style that Instructor may have.

2. Instructor Rules

   When Instructor publishes a class on Educator, Inc., Instructor agrees, without reservation, to the following rules and conditions:

   • Instructor shall honor any and all enrollments through Educator, Inc. at the price and time listed in the Service;
   • Instructor shall not to refuse enrollments or participation by any student on the basis of race, ethnicity, religion, gender, gender identity, sex, sexual orientation, political beliefs, political affiliation, or any other discriminatory form;
   • Instructor grant Educator, Inc. the right to place advertisements on Instructor’s content at the sole discretion of Educator, Inc.;
   • Any content Instructor submits to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless Instructor have permission from the rightful owner of the material;
   • Should Instructor submit such licensed material they shall, when requested of them, provide satisfactory evidence of such permission(s) from the applicable third party;
   • Instructor represents and warrants to Educator, Inc. that Instructor are qualified to teach the classes that Instructor lists with the Service;
   • Instructor will at all times behave in a courteous and professional manner;
   • Instructor shall remain in compliance with all applicable laws;
   • Instructor understands that students will have the ability to post a review of a class Instructor teaches or has taught, when such students have taken the class;
   • Instructor understands the Educator, Inc. cannot control the contents of any reviews and will not be held responsible for any information or opinions that a user may include in any such review;
   • Instructor may choose to remove content from their class and will continue to own such content, but Educator, Inc. will have the right to use and publish such content and to provide it to students who have paid for or enrolled in Instructor’s class;
   • Instructor grants Educator, Inc. non-exclusive, unlimited rights of any video content that was filmed for Instructor;
   • Instructor understands and will abide by and permit any necessary resizing, adjustment, or alteration of content required in order to ensure site conformity. This shall include addition and inclusion of Educator, Inc. trademarks.
   • Instructor understands that It is Educator, Inc.’s sole discretion to remove, add, or edit video content;
   • Instructor agrees that Instructor will not submit content to Educator, Inc. that violates the Educator, Inc. Community and Class Guidelines;
   • Instructor shall report any criminal behavior suspected or observed;
   • Educator, Inc. reserves the right, but is under no obligation, to delete the listing of any class for any reason.
3. Educator, Inc.’s Rights to Content Instructor Provides

   As stated elsewhere herein Instructor retains ownership of content Instructor posts to the Educator, Inc. platform. Instructor grants and irrevocably consents that such content to may be shared to anyone through any media, including promoting it via advertising on other websites. The content Instructor posts as a student or instructor (including courses) remains Instructor’s. By posting courses and other content, Instructor allows Educator, Inc. to reuse and share it but Instructor do not lose any ownership rights Instructor may have over the content save for what is granted by the nonexclusive licenses granted herein.

   When Instructor posts comments, questions, reviews, or when Instructor submits ideas and suggestions for new features or improvements, Instructor authorizes Educator, Inc. to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as Educator, Inc. desires.

4. Instructor Payment

   In consideration of the licenses and content provided and granted by Instructor, Educator, Inc. the Instructor shall receive a royalty equal to (a) the bandwidth transferred of Instructor’s Internet Lectures divided by the total bandwidth transferred of all Internet Lectures presented by the Company, times (b) the Total Instructor Pool. The Total Instructor Pool shall be 15% of the Company’s net revenues minus: marketing expenses, promotion costs, refunds from the sale of the Internet Lectures from all sources where Instructor's Internet Lectures are included in the sale, including but not limited to subscriptions, royalties, advertising, media sales, partnerships, and distribution of physical media, and other reasonable costs and expenditures that are associated with the Instructor’s content.

   The Company shall pay Instructor the royalty on a quarterly basis, on the last calendar day of January, April, July, and October. Such payments shall cease and desist no more than three (3) years after Instructor ceases teaching courses with Educator, Inc. and no less than one (1) year after such cessation. Payments shall cease at the discretion of Educator, Inc. between such years.

   Payments will be made by Educator, Inc. by either Citibank certified check, mailed to the address provided by the Instructor, or by Paypal.

5. Retail Pricing of Instructor Material

   The retail value, pricing, and any subsequent sales associated with the Instructor’s material(s) shall be set by Educator, Inc. Instructor shall not hinder, obstruct, or otherwise undermine Educator, Inc.’s business plan and retail sales programs.

6. Independent Contractor Status

   It is the express agreement and intent of the parties that Instructor is an independent contractor. Nothing in this Agreement shall in any way be construed to constitute Instructor as an agent, employee or representative of the Company, but Instructor shall perform Instructor’s services hereunder as an independent contractor. Instructor shall not have, nor shall Instructor make any statement or representation that Instructor has any right, power, or authority to make any commitment or contract or incur any obligation on behalf of the Company unless the Company shall consent thereto in advance in writing. Instructor agrees to furnish (or reimburse the Company for) all tools and materials necessary to accomplish this Agreement, and shall incur all expenses associated with performance of his services. Instructor acknowledges and agrees that Instructor is obligated to report as income all compensation received by Instructor pursuant to this Agreement.

7. Use of Educator, Inc. Material

   Instructors may not use Educator, Inc. materials without specific, written permission. Such permission may be obtained by contacting the Educator, Inc. staff with a clear request, identifying the material to be used, how, and the limits of such use. Educator, Inc. reserves the absolute right to deny such request or, when requests have been granted, revoked the permissions. Instructor understands and represents that they accept any misuse, abuse, dilution, or other improper treatment of the Educator, Inc. trademark(s), copyright(s), or other intellectual properties may result in a dispute and special damages.

8. Opt Out

   Should the Instructor make a valid request to opt out, Educator, Inc. shall have at least twelve (12) months to notify affected students who may be currently enrolled or waiting to enroll in the affect class(es), close out affected class(es), and remove the content, while retaining its non-exclusive licenses, granted by Instructor herein.

   A valid request by the Instructor shall be one made via the User account interface, by selecting a valid dialog or radial button and acknowledging these Terms and Conditions, indicating a request to remove the content. Such request shall be deemed to be the Instructor quitting the service.

   During such period of notification and content removal, all licenses, grants, permissions, promises, and third-party contracts shall remain in full effect and force. After the period, such contractual obligations shall be extended until their contractual end, without option of renewal.

V. Gift Memberships

Educator.com does offer gift memberships. In order to purchase and send a Educator.com gift subscription, you must agree to the following Terms and Conditions.

• All gift memberships are a one-time payment.
• Gift memberships are available for members and non-members of Educator.com.
• Educator.com will electronically deliver the gift membership to any e-mail address you provide, which can be used to redeem the membership via new account sign up or be added to an existing account.
• Once a gift membership is redeemed, the membership may not be transferred or assigned to another account.
• Gift membership does not expire. It is good until redeemed.
• As a giver, you will be able to track the progress of your gifts — the time the gift is created, when it is delivered and when it is redeemed. You can track all of your gift information under your account gift management: https://www.educator.com/membership/gift.php.
• All gifts are non-refundable.

Educator.com reserves the right to amend, modify or waive the Terms and Conditions at its sole discretion.

VI. Proper Use

In order to use Educator.com services you must

• Provide legitimage and complete information about yourself while registering
• Keep your password and identity confidential
• Keep your information current and complete.
• Be fully responsible for your account. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Educator immediately if you learn of an unauthorized use of your password. If Educator.com finds out or believes that the information you provided is false, not complete or current, then Educator.com may suspend or terminate your account.

VII. Prohibited use

You must accept that you will not use Educator.com services to take any of the following steps

• Abuse or harass others or their legal rights.
• Share your login and password with others.
• Post any illegal or adult content.
• Use any methods which try to circumvent any legal copyright issues or gain control over license-enforcement mechanisms that are utilized to guard the content made available by Educator.com services.
• Imitate, copy, or sell for any purposes any data given by Educator.com services.
• Request personal information from any other user.
• Transfer files which have viruses or any other adware or malware or any other similar programs which can damage or adversely affect the other person’s computer, our sites or any other communication equipment.
• Promote and offer to sell any products or services for any business purpose.
• Promote surveys, contests, illegal stuff or any chain letters.
• Disrupt or interrupt Educator.com’s websites and networks.
• Defame any person or entity or falsely state or misrepresent your affiliation with a person.
• Indulge yourself in illegal activities. You accept that you will only send and get information and materials which are legitimate and associated with Educator.com services.
• Use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

VIII. License to User Contributions

The Educator.com services are meant for you to provide and distribute content and take part in discussion threads and other forums. You are responsible fully for all the content and stuff which is posted in the forum or is transferred privately. You represent that you have all the legit property rights in the content or stuff you contribute. When you distribute or publish any content or material through Educator.com services, you give Educator.com a restricted power or license to utilize, modify, remove, add, display in the public, reproduce and distribute such content without limitation.

Educator.com will also have the power to retain and utilize comments, feedback suggestions or any other information for any kind of purpose. The license will apply to transfer or distribution in any form or technology.

If you would like to notify us of content which you believe does not comply with these Terms and Conditions of Use, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply. We do our absolute best to monitor comments on the site, however you understand that in using this site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Educator.com arising from your exposure to such materials.

IX. Intellectual Property Rights

The Educator.com services have copyright, trademark and legal laws and Educator.com has the power and rights in the Educator.com services. Without the prior written permission of Educator.com, you cannot use Educator.com's copyrights, trademarks, patents and trade secrets.

Educator.com and its users or licensors own all materials and stuff which are made available through the Educator.com services. Modification, imitation, copy, distribution, reproduction, or republication of any content made available through Educator.com services is prohibited and should not be done without prior written permission of Educator.com. All eligible members are allowed a restricted license to access and utilization of Educator.com services and to download and get a copy of data posted on the Educator.com website only for your personal or non-business use. At any time this license is revocable without any notice or any reason.

X. Submissions Policy

Users are allowed to submit to us on a non-confidential basis any related educational content which are owned and created by them. You must understand that Educator.com is under no obligation to assess or utilize the materials you submit, and that we may use content submitted by any third parties, and the content you submit to us may be similar to the content which we create privately. You do have 100 % rights in the content you submit to us; however you accept that you will not file any claim against Educator.com or any of our customers if the content you submitted to us is similar to content made available by Educator.com services.

XI. Copyright violations

Educator.com always replies promptly to any claims of misuse of property. If you are sure that your work or content has been copied or imitated and is made available on the Educator.com services in a way that comprises of copyright infringement, you must notify Educator.com's copyright agent with the following information in writing:

• The digital or physical sign of the owner of the copyright or of the person who has to act on the owner’s behalf.
• Identity and location of the copyrighted material which you claim has been copied.
• Identity and location of the work which has been claimed copied including its location on the Educator.com Services.
• Your general basic details like name, address, contact number and email address.
• A statement made by you that you have a firm belief that use of the material or content is not authorized by the copyright owner, its agent or the law.
• Under penalty of perjury, a statement should be submitted that the above information in your notice is legit and that you are the copyright owner or are allowed to act on the behalf of the copyright’s owner.

After receiving the claim of infringement, Educator.com will assess and investigate the matter and will take necessary actions under the DMCA and any other related property laws. When proof in accordance with DMCA is found out, Educator.com will remove or restrict access to any content claimed to be copied and take necessary steps to notify you that the content or article has been removed.

XII. Mailings

If you want to get email updates from Educator.com for example when you create an account on Educator.com and submit your email address and check mark the box saying receive emails from Educator.com you are giving consent to receive emails from us about our products, services or any other news. Terms of Service will apply to all such emails as all such emails will be considered as a part of Educator.com services.

XIII. Third Party Links

The provision of links to websites or locations other than Educator.com is for your convenience only and it does not signify our affiliation with any such websites or locations. We do not review and have no power or access over these websites and locations and their content.

XIV. No Warranty

The accuracy or the integrity of the content contained in the Educator.com services is not guaranteed. You should not be dependent on any of the content of Educator.com services.

We are not liable for the posts made by the users in any section of the Educator.com services. You may see content which you may find offensive, rude or false and you have to bear all the dangers associated with use of that content. We are not obliged to remove any content which violates these terms of service but we do have the right to remove it. The content provided in Educator.com services is “AS IS” and Educator.com does not guarantee that any of the content is legit, reliable and complete. ACCORDINGLY, EDUCAtor.com, ITS SUPPLIERS AND OTHER MEMBERS CONTRIBUTING INFORMATION TO THE EDUCAtor.com SERVICES DO NOT WARRANT THAT THE CONTENT WILL MEET YOUR NEEDS OR THAT EDUCAtor.com SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR BUG FREE. YOU ARE PROVIDED WITH THIS INFORMATION WITHOUT ANY EXPRESS OR IMPLED WARRANTY OF ANY KIND WHICH INCLUDES WITHOUT LIMITATION. ANY IMPLIED WARRANTIES OF MERCHANTABILITY WHICH MAY BE THERE ARE ONLY FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

XV. Limitation of Liability

EDUCAtor.com, ITS SUPPLIERS OR ANY ONE ELSE WHO IS INVOLVED WITH THE CREATION, DISTRIBUTION AND DELIVERY OF EDUCAtor.com SERVICES WILL NOT BE LIABLE IN ANY CASE FOR ANY DIRECT OR INDIRECT HARM INCLUDING WITHOUT LIMITATION (PROFITS LOST, DATA DELETED) WHICH MAY ARISE OUT OF THE UTILIZATION OF EDUCAtor.com SERVICES, EVEN IF EDUCAtor.com HAS BEEN INFORMED OF THE CHANCES OF SUCH DAMAGES. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

XVI. Modification of Terms

This Terms of Service Agreement was last updated on July 15, 2019. We reserve the right, at any time, to modify the services and/or the terms of this agreement without prior notice. We recommend that you check these Terms and Conditions of Use periodically to see if there have been any modifications. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms and Conditions of Use. Educator.com has the full rights to modify any part or whole of these terms of service and such editing will be effective instantly while posting to the Educator.com website.

XVII. Indemnification

You should accept to indemnify and protect Educator.com and all of its officers, partners and employees against any liability, losses or costs which include attorney fees incurred by Educator.com in association with any claim, which includes any liability or expense arising out of the utilization of Educator.com services. Specifically, you agree to indemnify and hold Educator.com harmless from any liabilities made by any third party due to or arising out of (a) your use or misuse of the site or services, which also includes the content and the stuff you submit to Educator.com services., (b) the viewing of content or video, (c) the violation of laws, rules, regulations or terms this agreement, (d) your failure to comply with Educator.com terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Educator.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Educator.com in asserting any available defenses. You will be provided with written notice of such suit or claim by Educator.com.

XVIII. Arbitration

These Terms of Use provide that all disputes between you and Educator.com will be resolved by binding arbitration. American Arbitration Association will settle any controversy or claim arising out of or relating to this Agreement. American Arbitration Association will arbitrate any controversy or claim on an individual basis and will never mix up with any claim or controversy of any other party. The arbitration will be done in Los Angeles, California, and the decision on the arbitration award may be entered in to any law court. On the contrary Educator.com will not withstand anything and may seek injunctions or some forms of relief from any court of competent jurisdiction.

XIX. Miscellaneous

The entire agreement between you and Educator.com services is constituted in this Agreement. If any part of the provision of this Agreement is found out to be inaccurate or false, then such provision will be removed and it will be replaced by a legit enforceable provision which closely resembles the original provision along with the enforcement of the rest of the provisions. The interpretation of this Agreement will be done in accordance with the Laws of the State of California.