LearningStone is a digital infrastructure, website and service that can be accessed through the domain www.LearningStone.com or other domains, but also entails other connected (mobile-) services, services by LearningStone employees or partners.

You are permitted to use LearningStone when the following terms and conditions and the privacy policies on www.learningstone.com/privacy are fully accepted. LearningStone reserves the right to refuse access to LearningStone or to parts of LearningStone, if you do not fully accept the letter and spirit of these terms.

- For training and courses given by LearningStone, the Terms for Training apply.

- Professional Services like custom development and design or consultancy are offered under the LearningStone Terms for Professional Services.

- LearningStone is a registered trade name of Maximonster Interactive Things
- If a translated version of this agreement is different from or conflicts with the English version, this English version controls.
- These conditions may be changed in the future. Please check back here regularly and see the change log at the end of this document.

1. An account or course on LearningStone 

- You may only register an account for yourself with your real name and real profile photo or you may register an account for an employee of your company with his or her real name and real profile picture if he or she has given you permission to do so. 

- It is mandatory that your personal information, including your e-mail address, profile photo and phone number are correct and remain correct at all times. 

- You can only invite people to create an account and join a course when people have been informed and do not object to the invitation.

- If you add a new group or course, it may either be a real course with the correct name or a virtual course. If you are registering an existing real course, you must be authorized to do so by the owner, trainer or coach. In all cases, the information that you supply must be correct and complete. It is possible that we will refuse a group or course if it does not match the objectives of LearningStone.

 - LearningStone reserves the right to remove user names, groups or courses if they infringe on rights (including trademark rights) of others. 

2. Plans

- LearningStone offers free and paid plans for workspaces.

LearningStone may change its policies about plans and the features may change at any time.

- LearningStone offers a free 30 day trial for new paid plans. There is no free trial for an upgrade from a free plan to a paid plan.

- LearningStone offers a 30 day money back guarantee, no questions asked.

- A company, organization or individual may only create one free plan.

- A plan for a company or institution may only be ordered by someone who has explicit permission to do so from the company or institution.

- LearningStone has the right to deny license requests.

- Subscriptions run per month (credit card charged and invoice sent at the beginning of each month) or per year (invoice sent and paid within 30 days).

- Yearly Invoices will be sent at the start of each period. If the service is discontinued within two weeks of receiving a yearly invoice, the invoice will be credited so you don’t need to pay for a new period unnecessarily. No partial refunds are given if a service is stopped at a later date.

- Workspaces with a paid plan that are not paid for on time (the credit card cannot be charged or invoice is not paid within 30 days) may be removed. LearningStone is not liable for loss of any information.

- Prices are in Euros, British Pounds or US Dollars excluding VAT if applicable (all plans in the Netherlands and all plans in other EU countries except for companies with an official VAT-number.)

3. Using LearningStone 

You may use LearningStone as long as: 

- your behavior does not conflict with any law, regulation, ordinance or other applicable law; 

- you do not enter, upload or share any type of information that is protected by copyright laws.

- you are over 16 or have permission from your parents or guardians. 

- you fully accept the Privacy Policies. See: www.learningstone.com/en/privacy

- you do not use the system in any unexpected or inappropriate way.

- you never try and log in with any other name and password than your own.

- you do not interact with others on LearningStone in a way that can be considered inappropriate, racist, or sexist as defined by law or considered as such by LearningStone.

- you do not upload content that can be considered inappropriate, racist, or sexist as defined by law or considered as such by LearningStone.

4. Responsibility and liability

- LearningStone provides an infrastructure to publish information and communicate with others. LearningStone is not responsible for the content of the information or the content of communication. 

- LearningStone is committed to a secure and reliable platform. LearningStone is however in no way responsible for any direct or indirect damage caused by errors by the system or staff, abuse by users or failures of the system.

WE ARE PROVIDING LEARNINGSTONE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LEARNINGSTONE WILL BE SAFE OR SECURE. LEARNINGSTONE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR LEARNINGSTONE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR LEARNINGSTONE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LEARNINGSTONE’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5. Posting and sharing information

- You may only upload, enter or share information* through LearningStone when you are sure you are the rightful owner of this information or have permission to use it. 

- The copyright on information that you enter remains with the owner. LearningStone is not liable for any damages caused by others using copyrighted information without permission.

- Once you post or share information, you give LearningStone permission to use this information and distribute it worldwide in the environment that you have specified. This permission ends when you delete the information unless someone else has shared information and has not removed it or automated systems have copied the information (e.g. caching or backup). 

- Due to technical reasons such as backup and data integrity, deleted information may be stored invisibly or visibly or stored for monitoring reasons.

- LearningStone appreciates feedback and suggestions. Thanks to people giving feedback we are able to improve the system. We do not however pay for feedback or external support unless this has been agreed on in writing.

6. Other

- These terms and conditions and the privacy policies replace any earlier version.

LearningStone may send users messages via the system, e-mail or other messaging system about changes to the system and related services and training and/or these terms and conditions. You can unsubscribe from these messages.

- These terms are transferable and remain applicable following changes to the structure of LearningStone such as mergers, acquisitions or changes of name or purpose.

- These terms remain valid, even if one or more articles have not been enforced or enforced consistently.

- LearningStone reserves the right to terminate your account or parts of the functionality, if this is necessary for the overall speed or stability of the system.

We hope you enjoy using LearningStone and that it really helps. If you have any question what so ever, please ask!

* Definitions

Information: text, graphics, sound, video or any other type of data either entered, uploaded or shared through LearningStone.

System: the technological infrastructure that is used to offer LearningStone as a service.

Edits

29th of June-2017: added link to Training Terms

25th of June 2018: separate code of conduct was integrated into these terms (see article 3).