Lesson Tutor : Legal Considerations
Lesson Tutor Legal Guidelines
Consultant Publishing Agreement
1. Acceptance of Terms
Please read this Consultant Publishing Agreement (the “Agreement”) carefully before you (“you” or “Consultant”) enroll as a member of Lesson Tutor TM‘s (“Lesson Tutor”) Consultant Program (the “Program”). By enrolling as a member in the Program, you agree that you have read, understand and agree to comply with the terms and conditions of this Agreement.
In order to participate in the Program, you must be an individual at least 18 years of age. You must be the sole author of all articles submitted for publication and must have the power to enter into this Agreement.
3. Ownership of Content
The Program is a self-publishing model. You retain all copyrights in all content, articles or materials (“Content”) submitted for publication through the Program. Previously published Content may be submitted for publication through the Program as long as you own the rights to publish the Content on this site. Subject to terms and conditions of this Agreement, Lesson Tutor does not edit or pre-approve Content submitted by you for publication. Lesson Tutor may, in its sole discretion, remove any content whose legal ownership or copyright is in dispute.
You grant Lesson Tutor a non-exclusive worldwide license to display, copy, publish, distribute, transmit and sell digital reproductions of all Content submitted by you for publication through the Program. You acknowledge and agree that Lesson Tutor has the right to grant Internet users a license to make a single copy of Content for their own personal, non-commercial use and to e-mail a copy of Content to other individuals for their own personal, non-commercial use. You further acknowledge and agree that Lesson Tutor may assign this license to its third party affiliates and partners. Lesson Tutor may modify submitted Content as necessary to format the content for publication on the web page. Copies of Content created by Lesson Tutor shall carefully reproduce the content, layout and pagination specified in the Content submitted by you, except that Lesson Tutor may (i) place advertising on Content and (ii) may include a notice, along with Lesson Tutor’s logo, stating that the Content was published and distributed by Lesson Tutor. Any advertising or notice placed on Content by Lesson Tutor shall not cause confusion as to the proper authorship, ownership, and origin of the Content. You acknowledge and agree that this Agreement may be assigned by Lesson Tutor in connection with a merger, acquisition or sale of substantially all of its assets.
5. Editing Content after Publication
Once Content has been published on this site, you retain the right to edit the Content, provided that the Content is not edited in such a manner as to substantially remove the Content from this site. Lesson Tutor shall not be obligated to reproduce such subsequent edits made to Content on any copies of the Content already published, distributed, transmitted or sold by Lesson Tutor.
6. Prohibited Content
You may not submit for publication, and Lesson Tutor may remove from publication or recategorize, any Content that Lesson Tutor, in its sole discretion, considers:
a) unlawful, harmful, threatening, vulgar, profane, abusive, harassing, obscene, pornographic, defamatory, tortuous, or otherwise objectionable;
b) may violate any applicable local, state, national or international law;
c) substantially an advertisement, or any advertising for a third party;
d) part of any third-party referral program;
e) part of any attempt to use artificial means, including, but not limited to, automated page viewers, repetitive access to Content by the same Internet user(s), or any other manual or automated arrangement unrelated to the merits of the Content;
f) essentially void of any substantially meaningful content or purpose;
g) a duplicate of an article previously published by you on Lesson Tutor, or an article that is substantially the same as a previously published article;
h) titled or filed in topic categories inappropriately;
i) detrimental in any way to the Lesson Tutor web site or business; or
j) contrary to the purpose of the Lesson Tutor web site.
7. Rating System
All content submitted for publication through the Program shall automatically participate in Lesson Tutor’s article rating system. Lesson Tutor reserves the right to change the rating system at Lesson Tutor’s discretion.
7. Disclosure of Consultant’s Account Information
By accepting the terms of this Agreement, you authorize Lesson Tutor to disclose your personal information: (i) to Lesson Tutor’s agents (such as independent auditors, attorneys or consultants); (ii) where necessary to comply with a court order or request of a government agency.
8. Termination or Modification of the Program
LessonTutor reserves the right to terminate the Program at any time upon thirty (30) days notice to you. Such notice of termination shall be made to you via e-mail to the address provided by you during the registration process and via publication on this Site. LessonTutor reserves the right to modify the terms of this Agreement from time to time, and without notice to you. Your continued participation in the Program following such modification shall be deemed your acceptance of the modification. Any modification of this Agreement is deemed effective, valid and enforceable upon publication of the modified version of the Agreement on the LessonTutor web site. While LessonTutor will attempt to make reasonable efforts to notify you by e-mail of any modifications to this Agreement, it is your obligation to periodically review the online version of this Agreement to determine whether the Agreement has been modified.
9. Termination of Consultant’s Participation in Program by LessonTutor
LessonTutor may indefinitely suspend or terminate your participation in the Program if Lesson Tutor believes, in its sole discretion, that you have violated any term or provision of this Agreement or that you, or someone on your behalf, has engaged in fraudulent conduct relating to the Program. If your account is terminated by Lesson Tutor, you may not re-register as a Consultant under a new account unless invited by Lesson Tutor to do so.
10. Termination of Consultant’s Participation in Program by Consultant
Upon ninety (90) days notice by Consultant to Lesson Tutor that Consultant wishes to terminate this Agreement, Lesson Tutor shall remove all articles provided by Consultant from the site and obligations under this Agreement. Notice may be given by writing to Lesson Tutor at [email protected].
11. Relationship Between Consultant and Lesson Tutor
The terms of this Agreement and any rights provided by this Agreement may not be transferred or assigned by you without the written consent of Lesson Tutor.
13. Warranties by Consultant
You warrant to Lesson Tutor that you are the sole owner of all Content and all related intellectual property. You further warrant that neither the Content nor the rights granted to Lesson Tutor by this Agreement will (i) violate any copyright or other intellectual property rights of any third party; (ii) violate any contract or agreement to which you are bound; or (iii) violate any applicable law or regulation.
14. Disclaimer of Warranties by Lesson Tutor
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE SERVICES PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LESSON TUTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, ITS CONTENTS, ANY INFORMATION MADE AVAILABLE ON THIS SITE, MATERIALS OR SERVICES OFFERED ON THIS SITE. LESSON TUTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ALL OF THE FOREGOING. FURTHERMORE, LESSON TUTOR DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OFFERED ON THIS SITE OR THE RELIABILITY OR ACCURACY OF ANY INFORMATION AVAILABLE ON THIS SITE. LESSON TUTOR DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT MESSAGES OR REQUESTS WILL BE DELIVERED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THIS SITE, YOU AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
15. Limitation of Liability
IN NO EVENT WILL LESSON TUTOR, ITS AFFILIATES, LICENSORS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE.
You agree to indemnify, defend and hold harmless LessonTutor and its affiliates, agents, directors, officers, employees, and licensors from any claim or demand made by any third party due to or arising out of your Content or your violation of any term of this Agreement, the User Agreement or any applicable law.
17. Governing Law
This Agreement and disputes arising out of or relating to this Agreement or the Program shall be governed by and construed in accordance with the laws of the State of California