Welcome to SiL, short for Sharing is Learning. By using the app and any in-app services offered by Sharing is Learning Ltd. (‘SiL’), you agree to the following terms with SiL. This agreement sets forth the legally binding terms and conditions for your use of the app (SiL), with website at https://sharingislearning.com (the ‘site’)
and all services provided by SiL. If you have any questions, please refer to our FAQs section of the site.
Scope
Before you become a member of SiL, you should read and accept all of the terms stated in, and linked to, this User Agreement (i.e. Terms of Use) and also the Data + Security Policy. This Agreement applies to all users of the App, including users who are vendors, buyers, content providers (of information and any other materials or services on the app). By accepting our Terms and Conditions, you agree that this User Agreement will apply whenever you use the SiL app and site as well as any tools we make available to interact with the SiL interface.
SiL as a Venue
SiL acts as a venue to allow all users to offer, sell and buy SELF-PRODUCED, ORIGINAL teaching resources at a fixed-price format (which is to be pre-set/pre-determined by the sellers). SiL is NOT directly involved in the transaction between the buyers and the sellers. Hence, SiL has no control over:
- the quality, accuracy, safety, morality or legality of any aspect of the items listed;
- the ability of sellers to sell a certain amount of items or the ability of buyers to pay for the items selected.
SiL does not pre-screen users, and we will not pre-screen any of the content or information uploaded by them. SiL cannot guarantee the true identity, age, and nationality of a user. You and SiL are independent contractors, and hence no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship shall be assumed or created by this Agreement. You agree that SiL is a venue and as such is not responsible or liable for any content, including (but not limited to) data, text, information, usernames, graphics, images, photographs, profiles, audio, videos, items, and links posted by you, other users / parties on SiL.
In addition, SiL cannot ensure that a buyer or seller will actually complete a transaction. But whenever a transaction is fully done, it shall lead to a licence grant with regards to the listed item(s) purchased, with more details as follow:
Licence grant
Subject to the terms and conditions of this Licence, and in consideration of a buyer’s payment to the Author/Owner (i.e. Licensor) of the Price, the Licensor hereby grants the buyer upon successful completion of the transaction (pursuant to its agreement with the Owner) a worldwide, non-exclusive, non-sublicensable, irrevocable sub-licence to:
-use and reproduce the Licensed Material (in part as well as in whole, including as part of any Adapted Material) for the buyer’s own personal, non-commercial, educational use, or private study only, without any right to share the Licensed Material to any other parties;
-use, reproduce and distribute such Licensed Material to the buyer’s students or children for teaching purposes only and without any right to share the Licensed Material and subject in all cases to, and at all times in accordance with the conditions listed on the Licensed Material (if not listed on it, please always refer back to this Terms of Use, and if needs be, contact the SiL team directly for clarification);
-create Adapted Material and use, reproduce and distribute such Adapted Material to buyer’s students/children for teaching purposes only and without any right to share the Adapted material, and subject in all cases to, and at all times in accordance with the conditions listed on the Licensed Material.
Notwithstanding the above and for the avoidance of doubt, buyers are not given the right to share any (in whole or in part) of the Licensed Material and/or Adapted Material, except when it is in accordance with the terms of this Licence or otherwise stated in the Licensed Material.
Exceptions and Limitations.
Just to make it clear here, the terms and conditions of this Licence shall not apply to your use of the purchased Licensed Material to and only to the extent that any Exceptions and Limitations apply to such use.
Regarding Files, formats and technical modifications:
The Licensor authorises You to exercise the Licensed Rights in all media and formats (whether now known or hereafter created) of purchased files/resources, and to make technical modifications when necessary. The Licensor waives and/or agrees not to assert any right or authority to prevent you from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures (based on your own setting). For the purposes of this Licence, simply making modifications authorised by this shall not be deemed as reproducing or creating Adapted Material.
Downstream recipients.
When it comes to a Limited Licence for Students you Teach:
Subject to the Student Limit set out below, You shall grant any Student that receives any Licensed Material or any Adapted Material from you, automatically at the time of receipt of such Licensed Material or Adapted Material (as applicable), a limited, non-sublicensable licence to use such Licensed Material or Adapted Material (as applicable) for such Student’s own personal use, non-commercial private study or to serve educational purposes only (a “Limited Licence”). You shall be responsible for ensuring the compliance of any Student who receives the Licensed Material or Adapted Material (as applicable) from you, on your behalf or as a result of Your Teaching with the terms and conditions of this Licence to the extent applicable to them.
Where your right to use the Licensed Material terminates, all Limited Licences granted by you shall also terminate accordingly.
Student Limit.
The number of concurrent Limited Licences you may grant under this Licence must be reasonable given the custom and practice for class sizes in the area in which you teach and, in any event, you shall not grant more than 500 Limited Licences or otherwise distribute the Licensed Material or any Adapted Material to more than 500 Students (the “Student Limit”).
No Endorsement.
Nothing in this Licence constitutes or may be construed as permission to assert or imply that you are, or that your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by the Licensor (i.e. Author) or any other persons designated to receive attribution.
Other rights.
The Licensor and the Author waive any rights (including, to the extent applicable, moral rights) that they have in relation to the Licensed Material to the limited extent necessary to allow you to exercise the Licensed Rights, but not otherwise. In the event that the Author has moral rights in the Licensed Material which have not been waived, the Licensor should take the initiative to notify you and provide you with the necessary details of that third party.
As set out in this Licence, this Licence does not confer on you any right to make use of the Licensor’s, the Author’s or the Owner’s patents, trade marks and/or any other rights that they may hold from any point of time.
This Licence is not a grant of ownership in or to the Licenced Material or Adapted Material(s). Unless explicitly spelled out by the author in his/her materials (which shall be interpreted separately), no other uses of the Licensed Material or Adpated Material are permitted and nothing shall operate to grant you any rights in or to the Licensed Material other than the Licensed Rights.
For the avoidance of doubt, the Licensor holds the right to offer the Licensed Material to any third party under separate terms or conditions or stop distributing the Licensed Material to third parties (which means removing their materials from the Marketplace) at ANY time without prior notice.
Using SiL
While using the SiL App and Site, as well as other relevant services and tools provide by us, you must ensure sensible actions and behaviors are taken, which means to NOT:
* Post content or items in an inappropriate category or areas on our app/site and services;
* Violate any laws, third party rights or SiL policies, such as those stated in this Terms of Use.
* Use our app/site, services or tools if you are NOT able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our app/sites, services or tools.
* Manipulate the price of any item or interfere with other users’ listings.
* Circumvent or manipulate our fee structure, the billing process, or fees owed to SiL
* Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
* ‘Stalk’ or otherwise harass anyone or try to send any inappropriate comments/messages to other users on the platform.
* Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes that have nothing to do with SiL).
* Transfer your SiL account (including feedback) and User ID (and other details) to another party without the platform’s consent.
* Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
* Post, email, or otherwise make available content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
* Distribute viruses or any other technologies that may harm SiL, or the interests or property of the users of SiL.
Listing Conditions
By listing an item on the SiL app, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on SiL app, your listing will be posted on the SiL platform and can be viewed in the Marketplace as well as your Dashboard. Your listing may not be immediately searchable by keyword or category for several minutes (or up to a couple hours in some circumstances), so SiL CANNNOT guarantee exact listing durations. You also warrant that you and all aspects of the item comply with SiL’s policies as listed in this Terms of Use and that you may legally sell the item. You must accurately describe your item and all terms of sale in your SiL seller store. All items MUST be listed in an appropriate category with appropriate tags (whenever those features are available). Each listing is expected to be accurately and completely describing the item/items for sale in that listing.
As a User of our Services, you are required to follow our Seller Guidelines which are incorporated as part of our Terms of Service.
Abusing SiL
If any SiL users are found abusing the SiL app/site, services or tools we provide, we may limit, suspend or even terminate the corresponding users’ accounts, prohibit their access to our app/site and the content, services and tools, delay or remove hosted content, and take technical and legal steps to keep those users off the platform (should we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the Terms of Use or the spirit of our company policies). We may also, at our discretion and without prior notice, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We reserve the right to deactivate unconfirmed accounts as well as accounts that have been inactive for a long period of time, or to modify or discontinue the SiL app/site, services or tools. SiL also reserves the right to refuse service to anyone, for any reason, at any time.
Please report any problems, offensive content, and policy violations to SiL at: Hi (at) SharingisLearning.com.
Infringement
We take matters of intellectual property’s infringement very seriously. It’s important to us that all of our community members follow our rules and respect the intellectual property rights of others.
As the Resource-Creator on SiL, everything you post on SiL should fall into one of the following 2 categories:
-An original resource that contains only content that you’ve created yourself (imagery, text, video, and everything else).
-An original resource that contains content you didn’t create but that you have the right to use (for example through a licence for commercial use, explicit authorization from the creator, public domain content, or because of a fair use exception).
If we receive notice from the original creator that a Resource-Creator has violated this rule by posting a resource that infringes directly on his/her intellectual property rights, we shall remove that resource from our SiL platform and that Resource-Creator risks having their SiL account closed permanently.
Below is the process of how an Infringement Complaint should be made and how SiL will deal with it from our side; note that we only will look into the complaint when all the items are included in the email:
-Identification of your intellectual property that you claim has been infringed upon on our SiL platform (link / screenshot);
-Identification of the material that you claim has infringed on your intellectual property (link / screenshot)—-this shall include a sound explanation of how the material identified is using your intellectual property in a way that constitutes infringement
-Your contact information, which shall include your full name, telephone number, and email address;
-A statement by you, stating that you have a good-faith belief that the disputed use of the work is not authorised by the intellectual property owner, its agents, or the law protecting the use of the material;
-A statement by you, stating that under penalty of perjury, the information provided in your notice is ALL accurate and that you are the intellectual property owner or are authorised to act on behalf of the material’s owner;
-Electronic or physical signature of yourself, either being the copyright holder or having been authorised to act on his/her behalf.
(In addition to the 6 above items, it may also be helpful to include any additional information which can allow us to verify the status of the work you claim has been infringed. In short, try to be as specific and detailed as possible)
As soon as the Infringement Complaint comes in (in the form of email), we’ll review it to make sure it contains all of the required information. Again, the more specific your explanation is about which part(s) of a resource you believe are infringing, the easier and more efficient it will be for us to process your request and to ensure that the infringing content is removed. When we really do take action on a notice, we shall reach out to the member(s) who posted the content, forward them your complaint (showing them the key reason for identifying such content as infringed), and remove the material from our platform. Kindly note that the user who posted the allegedly infringing content has a legal right to submit a Counter-Complaint if they believe that the content was misidentified as infringing or was removed by the SiL’s team by mistake. If we do receive a complete Counter-Complaint, we’ll forward it to you for your reference and perhaps, action. It’s entirely up to you to take further legal action to protect the work. The rule is that you have 10 business days to let us know if you’ve taken legal action so that we can disable the upload of the content until there is a judgement by a legal authority. Otherwise, we will allow the individual to repost the material.
(The items to be included for a Counter-Complaint are similar to those 6 listed ones for the Compliant, if there is a need for you to go through this procedure, we will provide you with ALL the details and information you need by then)
Limitation of Liability
You are not to hold SiL responsible for other users’ content, actions or inactions, items they list on the platform. Again, we are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell any particular items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous, uninterrupted or secure access to our app/site, services or tools, and operation of our app/site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are also not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use or your inability to use our app/site, services and tools.
Release upon Dispute
If you have a dispute with one or more users, you will release us (which includes our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Fees and Services
SiL has a free membership and premier membership scheme with an annual fee for setting up a seller account in exchange for a higher payout rate and lower transaction cost. Note that SiL’s Fee Policy is subject to change at any time and is incorporated into this Agreement by reference. Changes to the Fee Policy and the fees for SiL’ services are effective after SiL provides you with at least 14 days’ notice by posting the changes on the App. SiL may choose to temporarily change the fees for promotional events, such as Festive Sale. Such changes are effective when SiL posts and initiates the temporary promotional event on the App.
SiL may, at our sole discretion, change some or all of SiL’s services at any time without prior notice. In the event SiL introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).You are responsible for paying all fees and corresponding taxes associated with using SiL (This shall be calculated and handled by the transaction platform, Stripe).
If SiL chooses to terminate a listing or terminate your account, if you close your account, or if the payment of your SiL fees cannot be completed for any reason, you remain obligated to pay SiL for all unpaid fees plus any penalties, if applicable. If the Premier User’s account is not paid in full and becomes past due, that user risks suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact us at: Hi (at) SharingisLearning.com.
Content
The SiL app/site may provide you and others with the opportunity to participate in blogs, groups, feedback, and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to SiL, including (but not limited to) photographs, writings, clip arts, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
SiL does not claim any ownership rights of your Content. You grant SiL a license solely to enable SiL to use any information or Content you supply our platform with, so that SiL is not violating any rights you might have in that particular Content. You grant SiL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow SiL to store or re-format your Content on SiL and display your Content on SiL in any way as the SiL team chooses. For the display of your content anywhere outside the SiL platform, we will contact you prior to that and gain your approval first before sharing the information. SiL will only use personal information in accordance with SiL’s Policy.
Please note that with SiL being an open and easily accessible platform, for any information/content you post on SiL, it is possible for an outside website or a third party to re-post that content. You agree to hold Sharing is Learning Ltd harmless for any dispute concerning this use. If you choose to display your own SiL-hosted image on another website, the image must provide a deep-link back to its listing page on SiL.
Information You Submit
SiL considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the App/Site or otherwise (other than the Content and the tangible items sold on the App/Site by users) to be non-confidential and non-proprietary, and SiL shall not be liable for the disclosure or use of such Material(s). If, at SiL’s request, any member sends a Material to enrich the platform, SiL will also consider that Material to be non-confidential and non-proprietary and Sharing is Learning Ltd will not be liable for use or disclosure of the Material. Any communication by you to Sharing is Learning Ltd is subject to this Agreement. You hereby grant and agree to grant Sharing is Learning Ltd, under all of your rights in the Material, a worldwide non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and licence to incorporate, use and publish such Material for any purpose whatsoever, commercial or otherwise, including (but not limited to) incorporating it in the API, documentation, or any product or service (such as in newsletters or other social media outlets of SiL), without compensation or accounting to you and without further recourse by you.
Furthermore, Sharing is Learning Ltd is not responsible for the availability of outside websites/applications or resources linked to or referenced on the platform or within the resource. Sharing is Learning Ltd does not endorse and is thus not responsible or liable for any content, advertising, products, or other materials on or available from such websites/applications or resources. You agree that Sharing is Learning Ltd shall not be responsible or liable, both directly and indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any of such content, goods or services available on or through those websites/applications or resources.
Privacy
As stated in the Data + Security Policy, we do not sell your personal information to third parties for their marketing purposes without your explicit consent. You can access and modify the information you provide however and whenever you want by signing in to your account. For a complete description of how SiL shall use and protect your personal information, see the SiL’s Data + Security Policy. Again, if you object to your information being transferred or used in this way, please do not use any of our services.
Legal Disputes
If unfortunately, a dispute arises between you and Sharing is Learning Ltd, you and Sharing is Learning Ltd agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with the details as listed in SiL’s Terms of Use and Data + Security Policy. Before resorting to these alternatives, we strongly encourage you to first contact us directly at Hi (at) SharingisLearning.com to seek a resolution or to discuss any possible actions that we can take to help solve the issue. If necessary, we might consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Intellectual Property
SiL’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion by other parties, unless otherwise approved by Sharing is Learning Ltd as a means for promotion.
No Warranty
Sharing is Learning Ltd (SiL), its subsidiaries, officers, director, employees and any other affiliates of the services provided by SiL, specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, NO advice or information (both oral and written formats) obtained by you from SiL shall constitute any warranty on our part. This statement might not apply to you depending on the jurisdictions that you are located in.
Limitations of Liability
Under NO circumstances shall Sharing is Learning Ltd be liable for ANY direct, indirect, incidental, consequential, special or exemplary damages incurred (even if SiL has been advised on such damages) as a result of the use of SiL’s App/Site or any other services linked with SiL, whether the damage arises from use or misuse of the platform, or the interruption, suspension, modification, alteration, or termination of SiL’s App/Site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the SiL’s App/Site as well as any other services provided by SiL, and also by reason of any information or advice received through or advertised in connection with SiL’s App/Site or our services, or from any links seen on our Site/App. These limitations shall apply to the FULLEST extent permitted by law.
In some jurisdictions, limitations of liability might not be fully permitted. Please check to see if these limitations apply to you or not.
Indemnity
You agree to indemnify and hold SiL (and our officers, directors, employees and subsidiaries) harmless from any claim or demand, including corresponding attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Disclosures
The services hereunder are offered by Sharing is Learning Ltd.