Terms and Conditions
Numerade TERMS OF SERVICE
Last Revised: 17 Feb 2022
"Numerade" is a service of Numerade, which is incorporated in the state of California.
In these Terms of Service, "you," "your" or "User" refers to any person or entity using the Site, Application or Services. Unless otherwise stated, "Numerade", "Numerade," "we" or "our" will refer to Numerade.
USER REGISTRATION OBLIGATIONS
During the registration process, you will be asked for information pertaining to your account. You are defined as the User. You agree all information provided during this registration process to be accurate, current, and complete. Numerade reserves the right to terminate your account, at all times.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
You agree to maintain and keep your account information up-to-date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Numerade immediately. The transfer or sale of a Numerade account is strictly prohibited. If your Numerade Account is created through information or mechanisms provided or facilitated by Facebook, you acknowledge and agree to the terms of Facebook.
You may request your subscription to be canceled at any time during your use of our Services. Your subscription (and account) may also be canceled by Numerade at its sole discretion, including but not limited to inactivity, malicious activity, or any kind of misuse. To the fullest extent permitted by applicable law, your subscription will be canceled in its entirety only when all transactions have been successfully processed.
Cancellation will be effective at the end of the billing cycle. Cancellation will result in losing access to Numerade content and services. All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of purchase. If you wish to cancel your subscription, please visit your billing portal, accessible by logging and navigating to the billing page.
The Site, Services, Content, Application are protected by copyright, trademark, and other laws of the United States and foreign countries. Numerade owns all associated intellectual property rights. You will not use or alter any copyright, trademark, service mark or proprietary rights of the Site.
You agree to indemnify and hold harmless Numerade, its employees, officers, affiliates, agents, and partners from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Content you upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.
LIMITATION OF LIABILITY
You understand that the Service and the Application are currently in Alpha/Beta testing phases. The Application is defined as a Video solutions platform.
You acknowledge during these Alpha/Beta phases there may be issues affecting availability and functionality of the Service and the Application. You further acknowledge and understand that while the Application is undergoing testing, it may become unavailable and may have software bugs. Numerade does not guarantee the Software will be free of viruses. Numerade MAKES NO WARRANTIES OF USE OF SERVICE AND THE APPLICATION. You agree that Numerade is not liable for any of the above.
The Service and Application are made available to you on an "as is" / "as available" basis.
Numerade does not warrant that the Service and Application will work on all mobile devices nor is compatible with all mobile phone networks.
You agree that Numerade will not be liable or held responsible for ANY damage and/or loss, be it direct or indirect, from the use of or inability to use the Service or the Application.
You agree that if you are not satisfied with Numerade’s services or application, you can discontinue use of the Service and the Application and will not hold Numerade or Numerade responsible or liable for your dissatisfaction.
In no event will the aggregate liability of Numerade, exceed any amounts paid to Numerade or $50.
You agree and acknowledge all interaction between you and an organization or another individual is solely between you and the other party. You cannot rely on Numerade to perform due diligence review or otherwise pre-screen all other users. You are responsible for conducting your own investigations and taking reasonable precautions before proceeding with any interactions. If you interact with other users using means other than those available on the Site, Numerade will not be liable for any damages or losses that may result from those interactions.
You acknowledge and agree that Numerade is not liable for any damages to the maximum extent permitted by law, and in the event that one provision of these terms is unenforceable, the remaining provisions will remain in full force and effect.
You shall not conduct and/or authorize any third party to:
redirect an end user away from any Numerade pages.
upload Content containing any pornographic, violent, adult, hate-related or illegal content.
index, scrape, spider, or in any non-transitory manner store or cache information from Numerade or disseminate malware. You will not attempt to download any content from the site using any engine, software, or mechanisms such as the ones described above.
create a new Account after your Account has been terminated by Numerade.
appoint any action that reflects poorly on Numerade.
use the Site, Service, Application or Content for any commercial purpose without prior written permission from Numerade.
use another user's account for any purpose.
Creation of multiple accounts.
OTHER AGREEMENTS AND ACKNOWLEDGEMENTS
You understand and acknowledge Numerade will grant you access to your own content as well as other User's content, on a limited, non-exclusive, non-transferable license to access and view any content for you and other users.
You will not use, copy, adapt, modify, prepare derivative work based upon, distribute, license, sell, transfer, publicly display or perform, or stream the Site.
You agree and acknowledge you are solely responsible for all User content that you make available on the Site.
You agree and acknowledge you are the sole and exclusive owner of all User content you make available on the Site and that you have all the rights, licenses, consents, and releases necessary to grant Numerade the rights in such User Content.
You agree and acknowledge your User Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, or intellectual property rights.
You agree and acknowledge you are at least 13 years of age to use Numerade services.
By accessing and using the site, you agree and acknowledge that you have read all of our Terms of Service, and have read and agree to be bound by these terms whether or not you have registered with Numerade.
We encourage you to provide feedback on our services, however, you agree to give Numerade all rights and ownership to the feedback.
NOTICES FROM NUMERADE
You acknowledge Numerade may modify these terms of service at any time. If you do not agree with such modifications, your only remedy will be to close your account. Numerade reserves the right to modify, discontinue or terminate the Site, Application, or Services at any time without prior notice. By continuing use of the Site, after we have posted notice, you are indicating that you agree to be bound by the modified Terms.
PURCHASES AND PAYMENT TERMS
We may collect, as necessary, your billing information such as credit card number and shipping address. We will use this information to complete transactions for Numerade goods. Third party items may be available to purchase through the Site. If you decide to purchase a third party item, Numerade will use your billing information and your personal information to facilitate this transaction. Numerade will process the transaction and remit funds to the third party. Such third party is solely responsible for shipping and delivering your item. You agree that you are responsible for paying the applicable purchase price and any taxes and other fees in relation to your purchase through Numerade. All purchases are nonrefundable. All fees and taxes are payable in United States dollars. There are no refunds and returns.
You understand and are willing to pay forth all costs associated with accessing Numerade. These costs include but are not limited to: (a) monthly access fee.
Numerade is a service; however, you use this service solely at your own risk, and are subject to all applicable local, state, national and international laws and regulations. We will cooperate with government and law officers to enforce and comply with the law. We will disclose information about you to these parties as required or permitted by law.
You agree and acknowledge that Numerade has the right to investigate and prosecute violations of any of our Terms of Service to the fullest extent of the law. Failure to enforce any provision of these terms does not constitute a waiver of future enforcements of that provision.
On occasion Numerade may have links and information relating to third parties. You acknowledge that we are not responsible for this third party content. We are not responsible for the accuracy of any content provided by these third parties and the availability of this content does not imply endorsement by Numerade.
Last Revised: 4 Feb 2018
Types of Information We Collect
We will collect personal information when you create an account and take any action on Numerade. To create an account, we require you to provide your name and email address.
Additionally, we may also collect other types of information (known as demographic information) such as your gender, hobbies, occupation, platform preferences, and other similar information. This demographic information may be associated with your personal information on Facebook. We will not ask for any of your personal information through non-secured or unsolicited email or telephone communication.
We may also collect, as necessary, your billing information such as credit card number and shipping address to complete transactions for goods or services.
How We Use Your Personal Information
The personal information you provide to us will allow us to show you the most relevant lessons, with respect to your preferences. We keep track of your interactions with us. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of our services. We may also use your personal information to contact you when necessary. When you opt out or we terminate your account, we will remove your personally identifiable information from the site, however, certain information may remain on our servers. Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.
Any and all content you create or content related to recordings will be sole property of Numerade. Numerade has the right to do anything with such content.
We will use your billing information to complete transactions for Numerade goods or services. Third party goods or services may be available to purchase through the Site. If you decide to purchase a third party good or service, Numerade will use your billing information and your personal information to facilitate this transaction.
Our servers automatically record information that your browser sends whenever you visit the Site(s). This information includes your Internet Protocol (IP) address, your browser type and version, the search engine you used to find Numerade, if any, the operating system your computer uses, when and how long you use the Services. We use this information to monitor and analyze how users use Numerade, to provide customer service and to maintain and improve the Services.
Children under the age of 13 are not permitted to use the Services and we do not intentionally collect or maintain personal information from those who are under 13 years old.
Sharing of Information
We may use your personal information to provide analyses of our users in the aggregate to prospective partners, merchants and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personal information about customers. In addition, we will share the personal information we collect from you under the following circumstances:
Protection of rights. We will share personal information if we believe that (i) access, use, preservation or disclosure of such information is necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for Numerade, including any investigation of potential violations, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with Numerade, or (iv) such action is appropriate to protect the rights, property or safety of Numerade, its employees, users or others.
Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Numerade’s assets, user information, including personal information collected from you through your use of Numerade, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site(s).
Promotions in General
Numerade, at its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”).
Promotions cannot be used on past purchases. Promotions are non-transferable and there is no cash alternative.
Promotions cannot be used in conjunction with other Promotions or offers unless expressly stated otherwise,
and must be used by the date published, if any. We reserve the right at any time without notice to retract
or change any Promotions. Numerade, at its sole discretion, will determine whether a Promotion is combinable
with other Promotions or sales.
One Month Free Numerade+ Prize Offer
When you create an account on our mobile application StudyParty and answer 20 questions for the first time, you will receive a prize code which can be entered on the Numerade iOS app to claim a free 30 days of Numerade+.
This promotion is for one-time use only, and only eligible for new users. This promotion is not eligible for users with an active Numerade+ subscription.
This promotion is not combinable with other promotions.
As with all Numerade Promotions, this promotion is subject to withdrawal or change without notice.
If someone signs up for the annual plan using your referral code and remains active for at least two months past the free trial,
you will receive a $50 Visa Cash Gift Card. In order to prevent fraud, we may require identity verification before completing the payout.
There will also be a 60-day wait period, starting after the free trial completes, before you receive your payout.
If your referral cancels or disputes the credit card charge during this 60-day wait period, it will result in the loss of your referral reward.
Once the 60-day wait period is complete, the referral will be marked as "Complete" on the Referral Dashboard and you will be sent a $50 Visa Cash gift card via email within 72 hours.
The cash gift cards are valid for 3 years from the time they are sent. Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the reward for you,
and we may terminate your account. This program is subject to change or cancellation without notice.
- You will only receive credit for up to five referrals and may only refer two people per household.
- You may not refer yourself.
- This offer is only eligible for students in USA, United Kingdom, and Canada. This means both the person making the referral and the person being referred must be a current resident of the USA, United Kingdom, or Canada to be eligible for the $50 reward.
- This reward applies to annual plan subscriptions only.