When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Site, Software or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party. In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services; (b) rent, lease, or sublicense the Software and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software and/or Services without (a) the prior written consent of Listen Innovation; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
You agree not to use the Site, Software or the Services to:
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. LISTEN INNOVATION, INC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, Software or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, Software or the Services.
In the event that you have a dispute with one or more users of the Site, Software or the Services, you release Listen Innovation and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code - 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Listen Innovation respects the intellectual property rights of others, and requires that the people who use the Site, Software and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site, Software or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
Listen Innovation Inc.
132 Eliot St
Chestnut Hill, MA 02467
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material. Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site, Software or the Services, we will replace the removed material and cease disabling access to it. You may provide us with a counter notification by providing our copyright agent the following information in writing:
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Listen Innovation has adopted a policy of terminating, in appropriate circumstances and at Listen Innovation's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Listen Innovation may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Company respects the intellectual property of others. If you believe that any material on the Listenwise Website or any use of the Listenwise Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
Send the notification to us as follows:
Listen Innovation Inc.
123 Eliot St.
Brookline, MA 02467
In order for you to participate in the Listenwise Website and/or other Listen Innovation products (the "Programs"), you must register on Listenwise. This registration process will require you to provide your name, email addresses, school and class information of the students you're registering. We call this information "Registration Information."
Email Address: Email addresses will serve as your username on Listenwise. The email addresses may be used to send a confirmation email at registration, as well as information and updates to the Programs. We will also email weekly current events roundup highlighting new content on the Web Site. We may use the email addresses as an additional means of communicating with you and your students about the Programs and Listenwise, including notifying you of updates to the Web Site or its related policies.
Relationship to Student: A teacher's relationship to the student will be used for profile and tracking purposes and to assign activities to a student.
Secondary Uses: Registration Information and other information may be used by us for demographic profiling, statistical analysis, and targeted advertising, although in such cases, the information will be aggregated as ANONYMOUS statistical information.
Participation History: The details of any order you place and the Programs you or a student choose will be collected for customer service, marketing and business purposes.
Because the Listenwise Programs are individualized and customized for each student, all the information we request from you and students are required for you and a student to participate in the Programs, with the exception of certain information to be used for our marketing purposes to you only. At any time, you may revoke your consent to allowing a student to participate in the Listenwise Programs or refuse to allow Listen Innovation to further use or collect a student's personal information. Any ANONYMOUS performance data will be retained, but we will no longer use any identifiable information regarding you or a student that you have provided. However, if you do any of the foregoing, you and a student will not be able to participate in the Programs.
You may review and modify your Registration Information at any time by accessing our website using your password, and sending us a support mail with a request to change it.
You and your students will be assigned a password each to access the Programs through our website, and this password will be used to allow you and the students to use the Programs. The passwords should be kept confidential. Your password will also allow you to review and change the information we collect about you and students.
Listen Innovation will not send you unsolicited third-party promotional emails.
As a standard practice, Listenwise Service uses "cookies". A cookie is a small amount of data sent to your browser from our web server and stored on your computer, then sent back to the server by your browser each time you access our website. Cookies enable us to track usage of our website. In addition, cookies are required for the operation of the Programs. Please note that if you refuse the Listenwise cookie (by turning cookies off in your browser or by clicking "don't accept" if you have set your browser to warn you before accepting cookies), our Programs will not work. Cookies cannot be used to gather personal information from your computer.
Congress has enacted a law called the Children's Online Privacy Protection Act of 1998 (COPPA) which is designed to protect children's privacy during use of the Internet. Listen Innovation has implemented practices consistent with the guidelines provided by the Federal Trade Commission to date. Listen Innovation will never knowingly request personally identifiable information or private content from anyone under the age of 13 without parental or educator consent. LISTEN INNOVATION DOES NOT SHARE CHILDRENS PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES. If you are a parent, legal guardian, or educator of a user under 13 you may, at any time, revoke your consent to allow a student to use the Programs under your subscription, refuse to allow Listen Innovation to further use or collect a student's personal information, or direct Listen Innovation to delete all identifiable information regarding a student that you have provided. To do so, please contact us at the contact information below. However, if you do any of the foregoing, a student will not be able to use the Programs. If you would like more information about COPPA, please go to http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Listen Innovation is fully compliant with FERPA. Specifically:
Listen Innovation does not share student information with any third parties. If a school requests that student data should be sent to a third party, with parental consent, Listen Innovation would send the data to the school and never directly to the third party. If you would like more information about FERPA, please go to http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
The Privacy Officer
Listen Innovation Inc.
132 Eliot St
Brookline, MA 02467
Or email us at: firstname.lastname@example.org