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Terms and Conditions

Introduction

We hope you enjoy Hyperlink, whether you're here to create a course, participate in one, or maybe even both!

These terms govern your use of the Hyperlink platform, https://hyperlink.academy, run by Learning Futures, Inc. (referred to here as "we" or "us" or "Hyperlink"). Please read these terms carefully, and let us know if you have any questions. By using Hyperlink, you agree to become bound by these terms.

Your Account

You must create and log into an account to use some features of Hyperlink.

To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by e-mailing contact@hyperlink.academy.

You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify us that your account has been compromised. You agree to select a secure password for your account, keep it secret, and not use another user's account without permission. You agree to notify us immediately if you suspect your account has been compromised.

Hyperlink is intended for users over the age of 13 (or 16 in the European Union); if you are younger than this you may not register for or use Hyperlink.

We may restrict, suspend, or close your account on Hyperlink according to its policy for handling copyright-related takedown requests, or if we reasonably believe that you've broken any rule in these terms.

Your Content

Nothing in these terms gives us any ownership rights in intellectual property that you share on Hyperlink, such as your account information, course details, or forum posts. Nothing in these terms gives you any ownership rights in Hyperlink's intellectual property, either.

You remain solely responsible for content you submit to Hyperlink. You agree not to wrongly imply that content you submit is sponsored or approved by us. These terms do not obligate us to store, maintain, or provide copies of content you submit, and to change it, according to these terms.

Content you submit to Hyperlink belongs to you, but at a minimum, by uploading content to our site, you grant us a special license to use, copy, reproduce, process, adapt, publish, transmit, host and display that content for the purposes of running and improving Hyperlink. We reserve the right to remove content that violates these terms or that we otherwise reasonably believe may create liability.

When content you submit is removed from the site, our special license ends when the last copy disappears from our backups, caches, and other systems. Other licenses you apply to content you submit may continue after your content is removed. Those licenses may give others, or the company itself, the right to share your content through the site again.

Others who receive content you submit to Hyperlink may violate the terms on which you license your content. You agree that we will not be liable to you for those violations or their consequences.

Any feedback, comments, or suggestions you may provide regarding our website and content is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Payments and Fees

If you wish to purchase any course on Hyperlink, or any other product or service we may offer, you agree to supply all necessary information relevant to your purchase. We partner with third parties for things like web hosting, payment processing, and email; as per our Privacy Policy we do not collect or share your information beyond what we need to operate Hyperlink.

Hyperlink uses Stripe for both collecting course payments and disbursing payouts to course creators for revenue earned from their courses. Hyperlink takes a platform fee of 20% for all course enrollments, which includes Stripe's payment processing fee and any other fees. Course creators receive 80% of revenue from their course, less refunded or disputed payments.

We'll initiate payouts to course creators within the week following the completion of the course. It may take some additional time for the transfer to complete.

We may change our fees at any time, or begin to charge fees for other products or services. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must stop using Hyperlink.

Refunds are issued in our sole discretion, unless otherwise required by applicable law. If you're unhappy with a Hyperlink course, we'll be happy to issue a refund within seven days of the start of the course. We'll simply ask that you provide us some feedback, to help both us and the course creator improve the course. For the first cohort of a course, we'll extend this policy to offer refunds at any time up to and including the final day of the course.

Disclaimers

You accept all risk of using Hyperlink and content on the Hyperlink platform. As far as the law allows, Hyperlink and its partners provide the content and service of the platform as is, without any warranty whatsoever.

We may link to and integrate other services run by others. We do not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

Limits on Liability

Neither Hyperlink nor its partners will be liable to you for breach-of-contract damages that could not have reasonably been foreseen when you agreed to these terms.

As far as the law allows, the total liability to you for claims of any kind that are related to Hyperlink or content on Hyperlink will be limited to the fees paid by you to Hyperlink under this agreement during the twelve (12) month period prior to the cause of action.

Hyperlink shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Termination

Your account on Hyperlink and access to the site can be terminated at our discretion, with or without cause, with or without notice, effective immediately.

You are free to stop using the site at any time. We also reserve the right to suspend or end your access to the site at any time at our discretion and without notice. We may also terminate or suspend your access at any time if you are not complying with these terms or if you are using Hyperlink in a manner that we believe may cause us financial or legal liability.

All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General Representation and Warranty

You represent and warrant that (i) your use of Hyperlink will be in strict accordance with our Privacy Policy, with this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Hyperlink will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Hyperlink and its licensees, licensors, contractors, and their employees, contractors, agents, officers and directors, from and against any and all claims and expenses, including but not limited to attorneys’ fees, arising from your use of the site, including but not limited to your violation of this agreement.

We have not reviewed, and cannot review, all of the material, including comments, images, and files, posted to Hyperlink, and cannot therefore be responsible for that material’s content, use or effects. By operating Hyperlink, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from any harmful or destructive content. Hyperlink may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Hyperlink may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Disputes

New York State law will govern any dispute related to these terms or your use of Hyperlink.

You and Hyperlink agree to seek injunctions related to these terms only in state or federal court in NYC. Neither you nor the company will object to jurisdiction, forum, or venue in those courts.

Other than to seek an injunction or for claims under the Computer Fraud and Abuse Act, you and Hyperlink will resolve any dispute by binding American Arbitration Association arbitration. Arbitration will follow the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Arbitration will happen in NYC. You will settle any dispute as an individual, and not as part of a class action or other representative proceeding, whether as the plaintiff or a class member. No arbitrator will consolidate any dispute with any other arbitration without the company's permission.

Any arbitration award will include costs of the arbitration, reasonable attorneys' fees, and reasonable costs for witnesses. You and Hyperlink may enter arbitration awards in any court with jurisdiction.

General Terms

If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not assign your agreement with Hyperlink. We may assign your agreement to any affiliate of Hyperlink, any other company that obtains control of the company, or any other company that buys assets of the company related to Hyperlink. Any attempted assignment against these terms has no legal effect.

Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.

These terms embody all the terms of agreement between you and us about use of Hyperlink. These terms entirely replace any other agreements about your use of Hyperlink, written or not.

Contact

You may notify Hyperlink under these terms, and send us questions, at contact@hyperlink.academy. We welcome your feedback and suggestions!

We may notify you under these terms using the email address you provide for your Hyperlink account, or by posting a message to the homepage of the site or your account page.

Changes

Hyperlink may be modified from time to time, often without prior notice to you. Your continued use of Hyperlink constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the site, your sole remedy is to terminate your use of Hyperink.

We may on occasion make changes to our Terms and Policies. Although most changes are likely to be minor, we reserve the right to update or change our Terms at any time. If we make material changes to these Terms, we will update the changelog below. In some cases we may provide additional notice, by email or platform notification. Your continued use of this site after any change in these Terms will constitute your consent to such change.

This document is made available under a Creative Commons BY-SA License. Thanks to Automattic and Discourse for their examples.

Changelog

  • August 2, 2020 – Initial version published