The following Terms & Conditions shall apply to all visitors, users and members registering on or after 1st September 2010, as from the date of registration. The following describes the terms on which LearnByCam offers you access to our services.

Introduction

Welcome to LearnByCam. These terms and conditions apply to the services available from the domain and sub-domains of learnbycam.com, learnbycam.co.uk & teachbycam.com.

By using the services on the LearnByCam websites (learnbycam.com and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with Zoot Allures Limited, Suite 404, 324 Regent Street, London, UK, and the general principles for the websites of our subsidiaries and international affiliates.

If you have any questions, please refer to our user guide and FAQ. Before you may become a member of LearnByCam, you must read and accept all of these Terms and Conditions. The Terms and Conditions constitute a legally binding agreement between you and LearnByCam.

Using LearnByCam

You may not use our sites and services if you are under the age of 16 (unless you have permission from a parent or legal guardian), or you are not able to form legally binding contracts, or if your LearnByCam memberships have been suspended.

While using LearnByCam, you will not:

• Post, list, link to/from or upload contents or any items in an inappropriate category or areas on our sites;
• Breach any laws or otherwise infringe the copyright, trade mark, policies or other rights of third parties;
• Breach our policies including, without limitation, this agreement and any other policies contained within this, or any other LearnByCam website(s);
• Manipulate the price of any other Teacher’s Lesson or interfere with any other Members account or listing;
• Circumvent or manipulate our fee structure, the billing process or fees owed to LearnByCam;
• Post fake, inaccurate, misleading, defamatory, or libellous content (including personal information);
• Take any action that may undermine the rating or feedback systems (such as importing/exporting, displaying feedback information to non-LearnByCam sites or using it for purposes unrelated to LearnByCam
• Transfer your LearnByCam account (including feedback) and user ID to another party without our consent;
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm LearnByCam, or the interests or property of LearnByCam users;
• Copy, modify, or distribute rights or content from our sites, services or tools or LearnByCam’s copyrights and trademarks;
• Harvest or otherwise collect information about users, including email addresses, without their consent.

While using LearnByCam, you agree the following:

When you register any form of contact information (email address, phone number, postal address, and any form of electronic or non electronic contact details) with LearnByCam you agree to opt-in to receive future correspondance from us.

Whilst using our services you agree that you may be recorded during a live session. You will be notified prior to any such recordings, giving you an opportunity to exit.

If you are a business entity of any kind, or your participation with LearnByCam results in any monetary gains or profit, due your role as either Teacher or Student, you do not in any way have any form of employment contract with LearnByCam, nor any employment rights.

Furthermore, you are not contracted nor sub-contracted to do any employment with LearnByCam whatsoever. We are not, under any circumstances, your employers. You agree and take full responsibility to payment of VAT or any other taxes that may be owed to the particular government entities, within the country you operate from or reside in. LearnByCam is neither liable nor responsible for any of your unpaid taxes or monies owed to such Government agencies, this is your responsibility.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time (see dormant cleanup policy below), or to modify or discontinue LearnByCam sites. You agree not to hold LearnByCam responsible for any loss you may incur as a result of LearnByCam taking this action

Posted Content, Live Sessions & Recordings

When live sessions are recorded or you post any content to LearnByCam, you grant:

to LearnByCam, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and LearnByCam's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;

All visitors to our sites are prohibited from distributing or publishing (in any form) video and all other content outside of LearnByCam without express permission from us unless you are the copyright holder.

Dormant Cleanup Policy

To keep the LearnByCam site running smoothly we remove unused accounts on a regular basis. Any account that has not been signed into in the last 6 months will be deleted including lessons and all history. Any monies remaining on the account will be refunded subject to adminitration fee of US $20.

Abusing LearnByCam

LearnByCam and the LearnByCam community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.

Without limiting other remedies, we may issue you with warnings, limit, suspend or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation cancelling Lessons and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:

• We think that you are creating problems (including, without limitation, by harassing LearnByCam staff or other users or by making unreasonable legal threats against LearnByCam), or exposing us to financial loss or legal liabilities;
• We think that you are infringing the rights or policies of third parties;
• Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
• You earn a net feedback rating of –4

You agree not to hold LearnByCam responsible for any loss you may incur as a result of LearnByCam taking any of the actions described above.

No Spam

We do not tolerate any form of spam (unsolicited commercial communications). You may not add other LearnByCam users, even if a user has bought or sold a lesson from you, to your mailing list (physical mail or email) without their consent.

You may not use our communication tools to send spam or otherwise send content that is in breach of this User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages.

In order to report spam, please contact – admin@learnbycam.com

Fees

Joining LearnByCam, searching, browsing, viewing & listing Lessons are free.

We do charge fees for using other services, such as booking Lessons.

For more information regarding all our Fees & Refunds, please consult our Fees Page

Liability

You will not hold LearnByCam responsible for any loss you may incur as a result of LearnByCam taking any of the actions described in the Abusing LearnByCam section above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake Lessons.

You acknowledge that we are not responsible for Lessons taught or not taught or agreements, or broken agreements, or wrongful advice or misinformation between Teachers and Students. Instead, our sites are venues to allow anyone to offer, sell, and buy any lessons about anything, at anytime, from anywhere, in a variety of pricing formats and locations. At no point do we have possession of anything listed or Lessons sold through LearnByCam.

We do not always review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of Lessons advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites. The ability of Teachers to teach lessons, the ability of Students to pay for Lessons, or that a Student or Teacher will actually complete a transaction.

Please do not assume that the Lesson, offer, sale, or purchase of any Lesson is valid and legal simply because it is listed on one of our sites.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any Lesson you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. LearnByCam cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Interference & Access

Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to LearnByCam by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of LearnByCam and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the LearnByCam Privacy Policy. We view protection of users' privacy as a very important community principle.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement.

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Third Party Rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

In our sole discretion, we may transfer our rights and obligations (also known as “assign”) under this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are posted. This Agreement may not be otherwise amended except in writing, hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Note: These Terms were last updated on 1st January 2012.