Lone Star Learning (“Lone Star”) Terms Of Service

1. Applicability

The use of the website www.LoneStarLearning.com (hereinafter the “Website”) is subject to the terms of service set forth below. Please read these terms of service carefully before using the Website. By visiting and using the Website you agree with the applicability of these terms of service, as well as all applicable laws and regulations that apply thereto. You will be deemed to have taken notice of the terms of service and to have accepted them without any reservation. You warrant that you are of legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You agree that you are responsible for all of your use of the Website including for the use of your account by others. We kindly remind you that these terms of service and the content of the Website can always be changed without prior notice. Details on updates can be found at the beginning of this document.

2. Purpose of the Website

All information on the Website is purely informative and general. Lone Star cannot be held responsible for its content. The use of any information from this Website, including images, videos, articles, links or comments, is entirely at your own risk. The Website contains various Audio files (“Files”) uploaded by its members. All of these Files are the property of Lone Star and/or its members and are protected by international copyright laws. Use of these Files outside of the approved app or the Website without license is prohibited. If you do not agree with any of these terms, you are prohibited from using or accessing this Website.

3. Use

The Website can be used to:
• Create and/or share HTML components (“Widgets”) with your students;
• Completing the exercises of Lone Star Learning for which your teacher has provided you with a shortcode or URL (as explained below) (the “Student Widgets”);
• Collect, review and grade student work submitted through the Widgets (“Student Work”).

3.1. Creating and sharing Widgets

Widgets can be created using the Website or uploaded to your account using the Lone Star Learning tool. The Widgets shared using the Website are referenced by a shortcode or URL generated at the time of upload. Widgets can be accessed through the approved Lone Star Learning app or a webbrowser by anyone who has the shortcode or URL, however Lone Star will not promote access to your Widgets (e.g. through widget lists or search capabilities) either publicly or to its members without your consent. Images, Audio files, Videos and PDF documents can be uploaded as part of the Widgets. All content used in Widgets should be appropriate. Examples of content deemed inappropriate are:
• Content spreading hate or discrimination
• Content defaming or victimizing other people, societies, cultures.
• Content showing violence or using violent language
• Content showing nudity or pornographic content
• Content violating the copyright of third parties, or content that is subject to other third party proprietary rights
Uploading content of the types above will result in termination of your agreement with Lone Star and immediate blocking of your account by Lone Star. You shall be solely responsible for your own content and the consequences of submitting and publishing your content. When you upload a Widget to the Website, you automatically grant Lone Star a royalty-free, perpetual, non-exclusive, worldwide right to share the Widget through its Website and approved apps.

3.2. Student accounts

The author of a Student Widget (typically a teacher) may require the users whom the author invited to complete the Student Widget (typically a student) to sign in with their student account in order to be able to use the Student Widget. Student accounts must be created prior to using the Student Widget, and require providing us with certain personal information, which may include your name, e-mail address etc. Such personal information will be held and used in accordance with our Privacy Policy, available on https://store.lonestarlearning.com/privacy.htm. Personal Data of minors may only be processed by a teacher in strict compliance with the applicable data protection regulations. A teacher may only invite students for which the teacher has obtained all required (parental) approvals and consents.

3.3. Collecting, reviewing and grading student work

Upon completion of the Student Widget, students may submit their Student Work to their teachers. They do this by entering the teacher’s account username or email address. The Student Work will be accessible only to the student that created the Student Work, and by the teacher to whom the Student Work was submitted. No Student Work will be made accessible to a teacher’s account without the explicit consent of the teacher. The first time any reader or student tries to send data to a teacher email address, the teacher will need to confirm its acceptance of this data. The Website will automatically send the teacher an email to request its consent the first time this happens. Once you accept, any reader or student can send work to that teacher account. Teachers can manage their preferences and/or revoke their consent via the Website. In case Lone Star users submit Student Work containing inappropriate or illegal data to your account, you shall remove that content immediately from the Website.

4. Uploading Files

Files may be uploaded to the Website both as part of a Widget or as part of Student Work. You acknowledge that under no circumstances can you demand money from Lone Star for the use of said Files. Furthermore, you acknowledge that Lone Star does not allow the upload of Files that infringe on any copyright, property right, trademark or any other applicable right. You are solely responsible for the Files you upload, as well as the Files your readers or students upload to your account. Inappropriate or illegal data should be removed immediately. You can remove the inappropriate data by removing the Widget or the Student Work which contains it. You acknowledge that Lone Star cannot be held responsible for the misuse or abuse of any File. We reserve the right to remove or disable access to any File at any time if we believe it infringes on any right. Copyright infringement issues result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution. Lone Star and its members do their best to provide accurate information on the services of the Website, however against all our efforts there can be some typographical and technical errors on it. Lone Star cannot be held liable for any losses or damages resulting from the inaccuracy of any information on the Website.

5. Disclaimer

The materials on Lone Star’s Website are provided “as is”. Lone Star makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, accuracy, completeness, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights of any of the information or Files provided on or via the Website and/or any product or service described on the Website. Further, Lone Star does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Files, information or materials on its Website or otherwise relating to such materials or on any sites linked to this Website.

6. Limitations

Lone Star does not guarantee that the Website is completely free of interruptions and cannot be affected by technical problems. In no event shall Lone Star or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Website, hyperlinks, information or Files shared on the Website, even if Lone Star or a Lone Star authorized representative has been notified orally or in writing of the possibility of such damage. Lone Star may make changes to the materials contained on its Website at any time without notice. Lone Star does not, however, make any commitment to update the materials.

7. Links

Lone Star has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lone Star of the site. Use of any such linked Website is at the user’s own risk.

8. Intellectual property rights

Unless otherwise indicated, Lone Star owns or has sufficient licenses to use all copyrights on the Website and any information or Files provided on the Website (via text, images and other materials). You have the right to use information from the Website solely in accordance with the provisions of all applicable copyright laws. For any other use, the prior written consent of Lone Star is required. Abuse of the content and information of the Website is strictly prohibited, as well as its use contradictory to the public order and decency or any statutory provision.

9. Governing Law and Venue

Any claim relating to Lone Star’s Website shall be governed by the laws of Texas without regard to conflict of law principles. Only the federal or state courts in Lubbock County, Texas, United States of America, have jurisdiction to adjudicate any claims between the parties, and you consent to the personal and exclusive jurisdiction of those courts.

10. Privacy policy and protection of personal data

See our privacy policy, available on https://store.lonestarlearning.com/privacy.htm.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lone Star and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of these terms of service, the use of this Website or any claim by a third party related to the use of a Widget or a File you shared on this Website.

12. Contacting Us

If there are any questions regarding these terms of service, you may contact us at [email protected] or (800) 575-1424. In the event a provision of these terms of service should be invalid, this will not lead to the invalidity of the remaining provisions. Lone Star will replace the invalid provision with a provision that comes as close as possible to the original intended meaning of the provision.