Terms & Conditions - School
Updated: January 2014.
Look4Course.com (hereafter referred to as "L4C", "we", "us", or "our") provides an online platform that connects course providers with individuals seeking to attend a course of learning (collectively, the “Services”), which Services are accessible www.look4course.com and any other websites through which L4C makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and L4C. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COURSE PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR THEIR COURSES (DEFINED BELOW) AND STUDENTS(DEFINED BELOW) MAY LEARN ABOUT AND BOOK COURSES. YOU UNDERSTAND AND AGREE THAT L4C IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COURSE PROVIDERS AND STUDENTS. L4C HAS NO CONTROL OVER THE CONDUCT OF SCHOOLS, STUDENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“L4C Content” means all Content that L4C makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and L4C Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests a booking of a course via the Site, Application or Services, or a Member who attends a course and is not the course provider.
“Host” means a Member who creates a course via the Site, Application and Services.
“Listing” means an course that is listed by a provider as available for booking via the Site, Application, and Services.
“Member” means a person who completes L4C’s account registration process, including, but not limited to course providers and students, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
L4C reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees and commissions, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are eligible based on the minimum age defined by the course provider. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of courses. Such courses are included in Listings on the Site, Application and Services by course providers. You may view courses as an unregistered visitor to the Site, Application and Services; however, if you wish to book an course or create a Listing, you must first register to create an L4C Account (defined below).
As stated above, L4C makes available a platform or marketplace with related technology for course providers and students to meet online and arrange for bookings. L4C is not an owner of a school or provider of courses. L4C’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) connecting the student and the course provider for the payment of the balance beyond the deposit paid in L4C.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF COURSES. L4C CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS. L4C IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE STUDENTS OWN RISK.
In order to access certain features of the Site and Application, and to book a course or create a Listing, you must register to create an account (“L4C Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your L4C Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to L4C through the Site, Services or Application; or (ii) allowing L4C to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to L4C and/or grant L4C access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating L4C to pay any fees or making L4C subject to any usage limitations imposed by such third party service providers. By granting L4C access to any Third Party Accounts, you understand that L4C will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your L4C Account and L4C Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your L4C Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or L4C’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your L4C Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. L4C makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and L4C is not responsible for any SNS Content.
We will create your L4C Account and your L4C Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active L4C Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. L4C reserves the right to suspend or terminate your L4C Account and your access to the Site, Application and Services if you create more than one (1)L4C Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your L4C Account, whether or not you have authorized such activities or actions. You will immediately notify L4C of any unauthorized use of your L4C Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the school and courses to be listed, including, but not limited to, the location, capacity, accreditation, features, availability of the course and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all schools must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your courses via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a student requests a booking of your course, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or students study at, a course in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any course included in a Listing you post and (b) not conflict with the rights of third parties. Please note that L4C assumes no responsibility for a school’s compliance with any applicable laws, rules and regulations. L4C reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that L4C, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that L4C does not act as an insurer or as a contracting agent for you as a school. If a student requests a booking of your course , any agreement you enter into with such student is between you and the student and L4C is not a party thereto.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your course, including, but not limited to, requiring Members to have a verified phone number or email, in order to book your course. Any Member wishing to book a course included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “listing” section of the Site, Application and Services.
If you are a course provider, L4C makes certain tools available to you to help you to make informed decisions about which students you choose to confirm for booking for your course. You acknowledge and agree that, as a course provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who study at or are otherwise present at the course
L4C recommends that course providers obtain appropriate insurance for their schools. Please review any insurance policy that you may have for your school carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of students.
L4C does not endorse any Members or any courses but for a fee does enable schools to list their school as a “Featured School or course”. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from L4C with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms
Bookings and Financial Terms for Schools and Course Providers
If you are a course provider and a booking is requested for your course via the Site, Application and Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by L4C in its sole discretion) or the booking request will be automatically cancelled.
Appointment of L4C as Payment Agent for Course Provider.
Each school hereby appoints L4C as the school’s limited agent solely for the purpose of collecting payments made by students on behalf of the school. The 15% deposit paid by the student will be the commission received by L4C. The balance is paid directly to the school by the student. Each school agrees that payment made by a student to L4C shall be considered the same as a payment made directly to the school and the school will make the course available to the student in the agreed upon manner as if the school has received the Fees. Each school agrees that, L4C may, in accordance with the cancellation policy selected by the school and reflected in the relevant Listing, (i) permit the student to cancel the booking and (ii) refund to the student that portion of the Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the school, L4C assumes no liability for any acts or omissions of the school.
Please note that L4C does not currently charge fees for the creation of Listings. However, you acknowledge and agree that L4C reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings at a future date. Please note that L4C will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The course providers, not L4C, are solely responsible for honouring any confirmed bookings and making available any courses reserved through the Site, Application and Services. If you, as a student, choose to enter into a transaction with a school for the booking of a course, you agree and understand that you will be required to enter into an agreement with the course provider and you agree to accept any terms, conditions, rules and restrictions associated with such course imposed by the school. You acknowledge and agree that you, and not L4C, will be responsible for performing the obligations of any such agreements, that L4C is not a party to such agreements, and that, with the exception of its payment obligations hereunder, L4C disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that L4C is not a party to the agreement between you and the school, L4C acts as the school’s payment agent for the limited purpose of accepting payments from you on behalf of the school. Upon your payment of amounts to L4C which form the deposit, your payment obligation to the school for such amounts is extinguished, and L4C is responsible for advising the school sends an invoice for the balance.
You agree to pay L4C for the Fees ( 15% commission taken as a deposit) for any booking requested in connection with your L4C Account if such requested bookings are confirmed by the school. In order to establish a booking pending the applicable school’s confirmation of your requested booking, you understand and agree that L4C, on behalf of the school, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once L4C receives confirmation of your booking from the applicable school, L4C will collect the Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that L4C cannot control any fees that may be charged to a student by his or her bank related to L4C’s collection of the Fees, and L4C disclaims all liability in this regard.
In consideration for providing the Services, L4C collects service fees from course providers in the form of a fixed rate. This rate is currently 15% paid by the student as a deposit (“Service Fees”). Service Fees are made up of a fee that is charged to the student based upon a percentage of the amount of total course charges for ach booking
General Booking and Financial Terms
Cancellations and Refunds
If, as a student, you cancel your requested booking before the requested booking is confirmed by a school, L4C will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a student, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the course, the cancellation policy of the school contained in the applicable Listing will apply to such cancellation. Our ability to refund the booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.
If a school cancels a confirmed booking made via the Site, Services, and Application, (i) L4C will refund the deposit for such booking to the applicable student within a commercially reasonable time of the cancellation and (ii) the student will receive an email or other communication from L4C containing alternative Listings and other related information. If the student requests a booking from one of the alternative Listings and the school associated with such alternative Listing confirms the student’s requested booking, then the student agrees to pay L4C the Total Fees relating to the confirmed booking for the course in the alternative Listing, in accordance with these Terms. .
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. L4C cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each school is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a school, L4C may issue a valid VAT invoice to such school.
As part of the Services, L4C provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a student) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a school. The currency in which you will be charged will be determined by L4C based on the payment method you select and the location of the course in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the school to receive payment, L4C will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that L4C has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although L4C updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, L4C will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
· violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
· include websites, emails or links in the school profile so that you use the L4C messaging system.
· use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
· use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
· copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
· infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
· interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
· use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
· "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an L4C student or school;
· register for more than one L4C Account or register for an L4C Account on behalf of an individual other than yourself;
· contact a school for any purpose other than asking a question related to a booking, such Host’s profile or Listings;
· contact a student for any purpose other than asking a question related to a booking or such student’s use of the Site, Application and Services;
· when acting as a student or otherwise, recruit or otherwise solicit any school or other Member to join third party services or websites that are competitive to L4C, without L4C’s prior written approval;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
· use automated scripts to collect information or otherwise interact with the Site, Application or Services;
· use the Site, Application and Services to find a course or student and then complete a booking of a course transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to L4C’s provision of the Services;
· as a school, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
· or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
· systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
· use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, L4C’s name, any L4C trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without L4C’s express written consent;
· access, tamper with, or use non-public areas of the Site or Application, L4C’s computer systems, or the technical delivery systems of L4C’s providers;
· attempt to probe, scan, or test the vulnerability of any L4C system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by L4C or any of L4C’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
· forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
L4C will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. L4C may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that L4C has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. L4C reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that L4C, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the UK and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of L4C and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, L4C grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. L4C reserves all rights in the Application not expressly granted to you by these Terms.
Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, L4C grants you a limited, non-exclusive, non-transferable license, to (i) access and view any L4C Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by L4C or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to L4C a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. L4C does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to L4C the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or L4C’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that L4C is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by L4C of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of L4C used herein are trademarks or registered trademarks of L4C. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of L4C and you hereby irrevocably assign to L4C and agree to irrevocably assign to L4C all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At L4C’s request and expense, you will execute documents and take such further acts as L4C may reasonably request to assist L4C to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
L4C respects copyright law and expects its users to do the same. It is L4C’s policy to terminate in appropriate circumstances the Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and L4C Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your L4C Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event L4C terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your L4C Account you will remain liable for all amounts due hereunder. You may cancel your L4C Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com Please note that if your L4C Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT L4C DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, L4C EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. L4C MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. L4C MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE AND APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM L4C OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT L4C DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW COURSES. L4C MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY L4C. NOTWITHSTANDING L4C’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, L4C EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING VIA THE SITE, APPLICATION AND SERVICES, ANY CONTACT YOU HAVE WITH OTHER USERS OF L4C WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER L4C NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold L4C and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a course
If you feel anyone is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to L4C by contacting us with your police station and report number to firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between L4C and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between L4C and you regarding bookings or listings .
You may not assign or transfer these Terms, by operation of law or otherwise, without L4C’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. L4C may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by L4C (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland.
You and L4C agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and L4C are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and L4C otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of L4C to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of L4C. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact us at email@example.com