Terms of Service

Acceptance of Terms.

room2learn's products and services (“Products”) are provided by room2learn, LLC (“room2learn”). By using our website, you indicate your unconditional acceptance of the following Terms of Service and our Privacy Policy (“Terms”). Please read these Terms carefully, as they may have changed since your last visit, and contact us if you have any questions. The most recent version of these Terms may be viewed at http://www.room2learn.org/terms

1. Using room2learn

a. User Representation
In order to use our Products, you must be legally capable of forming a binding contract with room2learn in compliance with these Terms and all applicable laws. When you create your room2learn account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

b. User License
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.


2. User Content

a. Posting the content

  1. room2learn allows you to post content, including photos, comments, links, and other materials to our website. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to room2learn.
  2. You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on room2learn. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit, including parental, school, or school district permissions; and you license to room2learn all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the room2learn website (the “Site”) pursuant to these Terms.
  3. You further agree that User Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.

b. Use of User Content
You grant room2learn and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on room2learn solely for the purposes of operating, developing, providing, and using the room2learn Products. Nothing in these Terms shall restrict other legal rights room2learn may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

c. Monitoring the User Content
We have the right, but not the obligation, to monitor Content submitted to our website to determine compliance with these Terms and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any User Content. Without limiting the foregoing, we have the right to remove any material that room2learn, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and you are solely responsible for the Content that you post to this website.

d. We may retain User Content
Following termination or deactivation of your account, or if you remove any User Content from room2learn’s website, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, room2learn and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through room2learn.


3. Copyright Policy

room2learn has adopted and implemented the room2learn Copyright Policy in accordance with the Digital Millennium Copyright Act.
room2learn respects the intellectual property rights of others and expects its users to do the same. It is room2learn’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, room2learn will respond expeditiously to claims of copyright infringement committed using the Site that are reported to room2learn’s Designated Copyright Agent, identified below.
You can report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to room2learn’s Designated Copyright Agent, as explained below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright you may request that the material be removed. Upon receipt of the Notice as described below, room2learn will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. If room2learn removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. room2learn may also send a complete copy of the Notice to users where appropriate.

Notice and Take Down Procedures:
This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

  1. identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
  2. identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material;
  3. your name, address, telephone number, and email address;
  4. a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in your claim is accurate; and
  6. a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

Our agent for copyright issues relating to this website is: Fernando Trujano, room2learn, LLC., 125 Western Ave, (617) 383 4572, support@room2learn.org

Counter-Notice:

If you receive a notification that a post has been removed due a copyright complaint, it means that the post’s content has been deleted from room2learn at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, just email us at support@room2learn.org to let us know. We'll be happy to send it along (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to post new content on room2learn, and your account may be disabled completely.

If you believe a post was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account's record.

Filing a Counter-Notice

  1. Email your counter-notice to support@room2learn.org
  2. Include ALL of the following:
    • Your name, address, and telephone number.
    • DMCA ID printed at the bottom of the notification email.
    • The source address of the content that was removed (copy and paste the link in the notification email).
    • A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
    • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the li address is located, or if your address is outside of the United States, for any judicial district in which Pinterest li may be found, and that you will accept service of process from the person who provided the original complaint under li subsection (c)(1)(C) or an agent of such person.
    • A physical or electronic signature (for example, typing your full name).


4. Third-Party Links, Sites, and Services

This website may contain links to third-party websites that are not owned or controlled by room2learn. Any outside website accessed from our website is independent from room2learn, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third-party websites.


5. Termination

room2learn may terminate any user’s access to our website, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.


6. Indemnity

If you use our Products for commercial purposes in violation of our terms of use, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless room2learn and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.


7. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

room2learn SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

room2learn takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

room2learn does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and room2learn expressly disclaims any and all liability in connection with Content. room2learn does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and room2learn will remove all Content if properly notified that such Content infringes on another's intellectual property rights. room2learn reserves the right to remove Content without prior notice.


8. Limitation of Liability

IN NO EVENT SHALL ROOM2LEARN BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING ANY NEGLIGENCE OF ROOM2LEARN), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ADDITIONALLY, ROOM2LEARN SHALL NOT BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO THE ACTS OR OMISSIONS OF CONTRACTORS, SERVICE PROVIDERS OR ANY OTHER THIRD PARTIES IN CONNECTION WITH OUR WEBSITE.


9. Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


10. Enforcement

These Terms shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.


11. Jurisdictional Issues

We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.


12. General Terms

Notification Procedures and changes to these Terms. room2learn reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms.


13. Severability

If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.


14. Entire Agreement.

These Terms constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.


15. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by room2learn without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


16. No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and room2learn's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


17. Entire Agreement.

If you have any questions about these Terms of Service, please contact support@room2learn.org.

Copyright © 2017, [room2learn, LLC] All Rights Reserved