These Terms of Service (“Terms”) apply to websites and online services operated by LearnerShape Ltd (“LearnerShape”). Registered users of LearnerShape services (“Services”) are required to accept these Terms. Use of LearnerShape websites ("Websites") by unregistered visitors is also subject to these Terms. Both registered users and Website visitors are referred to in these Terms as “you” or “User”.

1. Prohibited Conduct

Users shall not, directly or indirectly, perform any of the following actions:

• Upload, install or otherwise transfer any content, software, virus, advertisement, or other item which in any way adversely affects the Services, Websites or associated data.
• Upload to the Services any content that is likely to be offensive to other Users or that violates applicable law or rights of third parties.
• Except as permitted by the Services, copy, modify, reverse engineer, disassemble or transfer any of the software, information, graphics or other content available on the Services or Websites.
• Remove or modify any copyright, trademark, legal notice, or other proprietary notice from the content available via the Services or Websites.
• Breach or bypass the Services’ or Websites' security mechanisms, or attempt to do so – this includes accessing any data or server you are not authorized to access.
• Use any device, automatic retrieval mechanism or other means to harvest information about the Services, other Users or LearnerShape.

2. Access to Services

If you are a registered User of the Services, you are responsible for maintaining the confidentiality of your username and password, and for restricting access to any computer while logged in to the Services. Your account is strictly personal, and should not be shared or transferred to anyone else. You agree to accept responsibility for all activities that occur via your account.

Users are responsible for having sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Services.

LearnerShape will do our best to provide uninterrupted access to the Services, but we do not warrant availability of the Services. Unavailability of the Services may occur due to scheduled or unscheduled maintenance and various factors outside of LearnerShape’s control. Any beta test version of the Services may be especially subject to unexpected bugs and interruptions.

3. Intellectual Property Rights

The Services and Websites contain information (“Materials”) in which LearnerShape and our licensors have intellectual property rights (“IPR”). You should assume that everything on the Services may be subject to such IPR. LearnerShape grants you a non-exclusive, revocable license over any IPR that we own in the Materials, for the sole purpose of using the Services and Websites.

4. Services Provided “As Is”

While LearnerShape takes reasonable care in delivery of the Services, Websites and Materials, all of these are provided on an "as is" basis and without warranties of any kind with regard to the accuracy, completeness or usefulness of any information.

5. Links to Third Party Sites

The Services provide links to websites and online services maintained by third parties (“Third Party Services”). LearnerShape seeks to offer access to high-quality Third Party Services, but takes no legal responsibility for the content of any linked Third Party Services.

If you use our PlaylistBuilder application, which accesses Google's YouTube service, you agree to be bound by the YouTube Terms of Service.

6. Changes to Services

The Services are subject to change and removal without notice. LearnerShape is not responsible for any additional costs, delay or liability which you may incur as a result of such changes.

7. Breach and Termination

If you breach these Terms, your authorisation to use the Services and Websites is terminated. You agree to indemnify LearnerShape for any claims or damages resulting from your breach of the Terms.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNERSHAPE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST TIME OR INTERRUPTION, LOST BUSINESS OR ANTICIPATED SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, WEBSITE OR MATERIALS, UNDER ANY LEGAL THEORY AND WHETHER OR NOT LEARNERSHAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nothing in this clause shall exclude LearnerShape’s liability for personal injury resulting from negligence or for fraud.

9. Severability

If a provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.

10. Law

These Terms are governed by the laws of England and Wales, and any dispute relating to the Terms and conditions shall be subject to the jurisdiction of the courts of England.

11. Amendments

LearnerShape may revise these Terms to reflect changes in our services or the law, or for other reasons, and the revised Terms will be posted on this page. If we make any material change to the Terms and you are a registered User, we will notify you by email. If you use the Services after changes have been notified, you will be deemed to have accepted the amended Terms.