Learnitive Terms

We welcome you to Learnitive at www.Learnitive.com (hereafter referred as “the site” or “this site”). This Terms of Services (ToS)  has been prepared to help users understand their responsibilities and duties while using this site.

Eligibility

A user may or may not be registered to view the site. However, in order to transact on this site, one must sign-up first. This site must not be used by students below the age of 15 and if you’re below 18, you must read this document to your parent or guardian, as the case maybe. Login Information. You must not, in any case, compromise your login information. The site bears no responsibility for any unauthorized transaction from your account. Rules Governing Public Contributions(includes Solutions, Requests and Blogs)
This Site may provide for other features for communication as well. Please read this site’s Privacy Policy, available at www.Learnitive.com/privacy to understand your privacy protections. You are entirely responsible for the content of, and any harm resulting from, any of your contributions to this site. When you create or make available a Contribution, you represent and warrant that you:

  1. own or have sufficient rights to post your Contributions, on or through this Site.
  2. will not post Contributions that violate our or any other person’s privacy rights, publicity rights, copyrights or contract rights.
  3. have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through this Site.

You will not post Contributions that:

  1. are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable.
  2. incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
  3. contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner.

Further more you:

  1. will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services).
  2. will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent.
  3. will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
  4. will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
  5. will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
  6. will not post any material which is not owned by you or to which you don’t have a right to, including.

Intellectual Property Rights

All the content on this site (including page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, images, icons, software, designs, applications, data, and other elements available on or through this site)is the property of Learnitive. Your use of the site does not transfer to you any ownership or other rights for the content on this site. Learnitive reserves all rights not expressly granted in and to the site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the site.

An account with Paypal is required to be able to transact on this site. Learnitive is not a financial institution and therefore no interest will be accrued for any balance in your account. This site will not be responsible for any of your transactions with Paypal.

Fees

The fees for use of the Site are posted at fees page and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars. Risk of Reversals, Chargebacks and Claims. a. Purchasers. Purchasers may not chargeback any fees they pay for a Contribution on the Site. If you do a chargeback, Learnitive will: (i) immediately suspend your account; and (ii) charge you for the cost of such chargeback plus the applicable fees posted on the site. You agree that we may recoup such fees from you, and you agree to directly pay Learnitive such fees. If you request a chargeback, the credit card issuer, not Learnitive, will determine whether the chargeback is granted. b. Sellers. If Learnitive is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that you posted, you agree that we may recoup this charge from you, and you agree to either: (i) directly pay Learnitive.com these fees; or (ii) permit https://www.Learnitive.com to debit these fees from future fees you earn on the Site or (iii) pay fees or charges from sent payment. No Off-Site Transactions Contributors receive payment from Purchaser's payments via the Site only. https://www.Learnitive.com does not condone or in any way participate or become a party to any off-site transactions between users of the Site. If Learnitive finds offsite transaction attempt or offsite transaction then Learnitive can terminate the account or charge $150 as a penalty or frozen account for unlimited time or take all mentioned actions together. If account is terminated then site will not remove content from site and can sell content to users and will keep earning of content. Account Termination/Fees If the users apply for the termination of his user id, the site would not remove all the posted tutorials from the site and you would not be able to receive any fees of the contributions completed after those transactions. The site reserves all rights to withhold funds from:

  • unlawful accounts
  • accounts closed after they are terminated being dormant for three years or
  • the accounts which are in dispute and no conclusion has been reached after six months of termination.

Refunds: The site would may provide refunds for purchases but is under no obligation to do so. The products that authors sell on the platform are digital goods and cannot be "returned", so your entitlement to a refund is designed with this in mind. 

The risk would be solely of the user who would be communicating to the seller. Disputes between Users For transactions made by two parties, the parties would be sole responsible and the site would not be held liable for any such matter. Resolution of Disputes It is advisable that disputes should be resolved by mutual understanding and arbitrations method.

Management of the Site/User Misconduct.

Site Management. We may, but are not required to: (a) monitor or review the Site for violations of these Terms and for compliance with This site’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of This site’s policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect This site and third parties’ rights and property or to facilitate the proper functioning of the Site.

Right to Terminate Users. If you’re found guilty of any fraudulent activities and/or does not act in accordance with any of the provision(s) of these terms, this site without limiting any provision of these terms reserves the right to immediately deactivate and deny access to your account without any prior notice. You will be deprived of any money in your account.

Right to Disallow Access to Material Posted or Bought. In case your account is de-activated or suspended, the site reserves the right to disallow access to any contribution made by you or any material purchased and is not bound to keep copies of the said material, unless ordered by court.

Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretences. Please choose carefully the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting the following information on this Site: your full name, instant messenger information, telephone numbers, street addresses or any kind of personal information. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. You assume all risks associated with dealing with other users with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site.

No Responsibility for Contributions Posted on the Site. Learnitive bears no responsibility for any content posted by contributors; neither will this site be responsible for accuracy, reliability, impact or effect on anyone who makes use of the Contributor content in any way. We may remove any content for any reason and at any time, without any prior warning.

Third Party Sites.

This Site may contain links to other websites (“Third Party Sites”). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on this Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THIS SITE OR A LINK LOCATED ON THIS SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

Copyright Policy. Learnitive shall de-activate and suspend any user found guilty of copyright infringement. Complaints for copyright infringements may be submitted at support at Learnitive.com.

Modifications. We may change TOS time and again and you will be notified of our new TOS via emails to your registered email address and also be required to ACCEPT the new terms at the time you login after the change.

Account Term and Suspension.

If your contributions are removed due to posting of any copyright material, you shall not post the material again. All the users/contributors shall remain bound to abide by these terms throughout their use of the site. In case you opt to delete your account or your account gets suspended, any material posted by you shall not remain available and there will be no obligation for the site to provide you with your Material. Account suspension or deletion does not absolve you from any liability you may incur with an active account. If you do not access your account for a period of three years, we shall suspend the account and transfer the money to your paypal address provided. However, the site reserves the right to withhold funds from:

  • Fraudulent accounts
  • Accounts suspended after no activity for three years and/or
  • Accounts in dispute where no dispute resolution has been sought within six months after suspension.

Fees.

All the Fees for using the Site can be found on www.Learnitive.com/fee and the currency will be U.S Dollars.

All the Contributors agree that;

a. The Site will collect fee as mentioned 20% of each sale.
b. Any dispute for any Transaction shall be made within twenty-one days of the transaction. Not with standing anything contained in these Terms and subject to any inquiry or proofs provided for the conduct of any transaction, the site’s decision will be Final.

Debit Reversals, Chargebacks and Claims.

Purchasers. If a chargeback is claimed for any transaction, Learnitive will:

Purchasers agree that we may deduct a forementioned costs. For chargeback, the credit issuer will decide the case.
 (i) Suspend your account
 (ii) Pay you the Amount after deducting the Chargeback Cost and the fee in accordance with www.Learnitive.com/fees      

Sellers. In case the site is unable to deduct the chargeback cost from Purchaser, the sellers agree that this site is entitled to debit the fee from your account on this site. Off-Site Transactions. All the transactions are to be conducted on this site. We bear no responsibility for any off-site transactions between users.

Disputes and Refunds. Any transactions carried out on this site are solely between the users and they are the ones responsible for their actions. The site bears no responsibility for any dispute and shall not offer any refund for any transaction carried out. Resolution of Disputes. You and This site agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and This site are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and This site otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This “Legal Disputes” section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Learnitive must be resolved by a court located in Laval, Quebec, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Laval, Quebec for the purpose of litigating all such claims or disputes.

DMCA Policy

Uploading copyrighted material to Learnitive.com is not allowed and violations may result but are not limited to account suspension, withholding of funds and legal actions.

DMCA complaints sent to Learnitives.com will be handled within 48-56 hours. It is Learnitive's policy to respond to clear notices of alleged copyright infringement. In accordance with the DMCA, Learnitive has adopted the policy below toward copyright infringement. This page describes the procedure for raising copyright issues with Learnitive, including information that should be present in these notices pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act. Learnitive reserves the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders. Remember that your use of Learnitive’s Services is at all times subject to the Terms of Use, which incorporates this Copyright Dispute Policy. Any terms Learnitive uses in this Policy without defining them have the definitions given to them in the Terms of Use. How to file a notice of copyright infringement with Learnitive. To file a notice of copyright infringement with Learnitive, you will need to provide a written communication that sets forth the items specified below. Pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act, please use the following format (including section numbers): 17 U.S.C. § 512(c)(3)(A)(ii): Please identify the copyrighted work or list of works claimed to have been infringed. 17 U.S.C. § 512(c)(3)(A)(iii): Please provide us with the specific identification and location of the copyrighted work, including its URL on Learnitive. We need to make sure we properly locate the material you cited in Part 1. 17 U.S.C. § 512(c)(3)(A)(iv): Please provide us with your contact information (name, address, phone number, and email address). We need to make sure we can get in touch with you throughout the process to ensure that your claim is sufficiently addressed. 17 U.S.C. § 512(c)(3)(A)(v): Please provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. We need this statement and the following two items to help protect against the possibility of erroneous or mistaken notifications. 17 U.S.C. § 512(c)(3)(A)(vi): Please provide a statement that the information in your letter is accurate, and under penalty of perjury, that you are the owner of the exclusive right to the identified work, or that you are authorized to act on behalf of the owner of the exclusive right to the identified work. 17 U.S.C. § 512(c)(3)(A)(i): Please provide a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In some instances, this may be you. Once you have compiled the above information, please send it in a written communication via email to: Learnitiveweb@gmail.com Once Learnitive receives proper bona fide infringement notification. Upon receipt of a proper notice of copyright infringement, Learnitive reserves the right to: remove or disable access to the infringing material; notify the content provider who is accused of infringement that Learnitive has removed or disabled access to the applicable material; and terminate such content provider’s access to the Services if he or she is a repeat offender. How to file a counter notice with Learnitive. If Learnitive does remove or disable access in response to a proper DMCA notice, Learnitive will promptly contact the content provider so that they may make a counter notification. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider may send Learnitive a counter notice as described below. Pursuant to Section 512(g) of the Digital Millennium Copyright Act, please use the following format (including section numbers): 17 U.S.C. § 512(g)(3)(A): Please provide a physical or electronic signature with your written communication. 17 U.S.C. § 512(g)(3)(B): Please identify each item you believe was mistakenly removed or disabled for access, and provide the location at which the material was previously located. 17 U.S.C. § 512(g)(3)(C): Please provide a statement under penalty of perjury that you have a good faith belief the material was mistakenly removed; 17 U.S.C. § 512(g)(3)(D): Please provide your name, address, and telephone number. Under the DMCA, you also need to provide a statement consenting to the jurisdiction of the Federal District Court for the judicial address of your address. If you do not reside in the United States, please provide a statement consenting to jurisdiction of the Federal District Court for the Northern District of California, and accepting service of process from the individual (or his or her agent) who placed the DMCA takedown request. Once you have compiled the above information, please send it in a written communication via email to: Learnitive.com If Learnitive receives a counter notice, it may, in its discretion, send a copy of the counter notice to the original complaining party informing that person that Learnitive may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter notice.

Disclaimer

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, THIS SITE DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT THIS SITE BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. THIS SITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.THIS SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 

Limitation on Liability

IN NO EVENT SHALL THIS SITE OR ANY OF ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS AND OTHER CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THIS SITE’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THIS SITE IN THE SIX MONTHS, OR $250, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THIS SITE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH THIS SITE.

This ToS was last updated on: July 14th, 2021.