Dated: April 23, 2020
Thank you for using and supporting the Learn from a Local website. This platform — along with the related services and features we make available to you as part of the website — will be collectively referred to as the “Service”.
This Service allows you to discover, watch and contribute videos (and related supporting content). It exists as a resource for people to inform, educate and inspire others in our local community.
Your Service Provider
The entity providing the Service is The Taproot Agency, LLC (Taproot), a limited liability company operating under the laws of the State of Florida, located at 2057 Delta Way, Tallahassee, FL 32303 (referred to as “Learn from a Local”, “we”, “us”, or “our”).
Your use of the Service is subject to these terms and the Learn from a Local Community Guidelines which may be updated from time to time. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service. By continuing to use the service, you are confirming that you have read and understand the terms of service.
Who may use the Service?
You must be at least 13 years old to use the Service.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Confirmation of this permission may be required before any submission is published. Please have your parent or guardian read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. Confirmation of this authority may be required before any submission is published.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text, branding (including trade names, trademarks, service marks or logos), interactive features, software, metrics, and other materials whether provided by you, Learn from a Local or a third-party (collectively, “Content”).
Content is the responsibility of the person or entity that provides it to the Service. Learn from a Local is under no obligation to host or serve Content. We can, at our sole discretion remove or withhold submitted material that is deemed inappropriate for display. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
You can use parts of the Service, such as browsing and searching for Content, without creating a Learn from a Local account. However, you do need a Learn from a Local account to use some features. For example, with an account you may upload videos, register to receive financial support. You can follow these instructions to create a Learn from a Local account.
To protect your account, keep your password confidential. You should not reuse your Learn from a Local account password on third-party applications.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Learn from a Local and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to engage in these activities), including security-related features or features that: (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots or scraping tools) except: (a) in the case of public search engines, in accordance with Learn from a Local’s robots.txt file; or (b) with Learn from a Local’s prior written permission;
- collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- misuse any reporting tools, including submitting groundless or frivolous submissions;
- run contests on or through the Service that do not comply with Learn from a Local’s contest policies and guidelines; or
- use the Service to sell any advertising, sponsorships or promotions placed on, around, or within the Service or Content, other than those offered formally through the platform, without the express written consent of Learn from a Local.
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Learn from a Local.
Changes to the Service
Learn from a Local may, at its discretion, change and improve the Service. This means we may also need to alter or discontinue the Service, or any part of it, in order to make performance or security updates, change functionality and features, make changes to comply with law or prevent illegal activities on (or abuse of) our systems. These changes may affect all users, some users or even an individual user. When reasonably possible, we will provide notice if we plan to discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service or to comply with legal requirements.
Your Content and Conduct
If you have a Learn from a Local account, you may be able to upload Content to the Service. You may use your Content to promote your business or personal venture. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Learn from a Local Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.
Submitted Content will be reviewed, copy-edited, approved and posted at our discretion and may be removed without notice based on violation of these terms.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Learn from a Local and other users of the Service, as described below.
License to Learn from a Local
By submitting Content to the Service, you grant to Learn from a Local a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Learn from a Local’s (and its Successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you request removal or deletion of your Content from the Service. You understand and agree, however, that Learn from a Local may retain server copies of your videos that have been removed or deleted, even if not displayed or distributed.
Removing Your Content
You may request removal of your Content from the Service at any time. Such request must be in writing. Content must be removed if you no longer have the rights required by these terms.
Removal of Content By Learn from a Local
If we reasonably believe that any submitted Content is in breach of this Agreement or may cause harm to Learn from a Local, our users or any other third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Learn from a Local; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party or Learn from a Local.
If you believe your copyright has been infringed on the Service, please send us a notice.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. To delete the Service from your Account, which involves removing your data, please email [email protected]
Terminations and Suspensions by Learn from a Local for Cause
Learn from a Local may suspend or terminate your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party or Learn from a Local.
Terminations by Learn from a Local for Service Changes
Learn from a Local may terminate your access to all or part of the Service if Learn from a Local believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Learn from a Local unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Learn from a Local; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party or Learn from a Local.
Effect of Account Suspension or Termination
If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your account has been terminated in error, you can file an appeal by requesting a form from [email protected].
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND LEARN FROM A LOCAL DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, LEARN FROM A LOCAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE (OR MISUSE) OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR LEARN FROM A LOCAL, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL CLAIM.
LEARN FROM A LOCAL AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT LEARN FROM A LOCAL HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO LEARN FROM A LOCAL, OF THE CLAIM; AND (B) USD $500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Learn from a Local, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Modifying this Agreement
We may choose to modify this Agreement to reflect changes to our Service or for legal, regulatory, or security reasons. Learn from a Local will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms of the Agreement.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have to do so in the future.
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by Florida law and will be litigated exclusively in the federal or state courts of Leon County, Florida, USA. You and Learn from a Local consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND LEARN FROM A LOCAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.