Terms & Conditions
IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE TERMS OF SERVICE BELOW AND AGREE TO THEM FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THESE TERMS OF SERVICE YOU DON'T HAVE PERMISSION TO USE THIS SITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
- YOUR ACCEPTANCE
By using or visiting the MentorMob website or any MentorMob products, software, data feeds, and services provided to you on, from, or through the MentorMob website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) MentorMob' privacy notice, found at https://www.mentormob.com/splash/privacy and incorporated herein by reference (the "Privacy Notice"), and (3) MentorMob' Community Guidelines, found at https://www.mentormob.com/splash/community and also incorporated herein by reference. If you do not agree to any of these terms, the MentorMob privacy notice, or the Community Guidelines, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.mentormob.com/splash/terms). MentorMob may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service (the "User" or "Users"), including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, links, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of MentorMob, including but not limited to all products, software and services offered via the MentorMob website, such as the MentorMob Learning Playlists, and other applications.
The Service may contain links to third party websites that are not owned or controlled by MentorMob. MentorMob has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MentorMob will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve MentorMob from any and all liability arising from your use of any third-party website.
- USE BY CHILDREN
MentorMob collects limited personal information from minor students, but only where that student's school, district, and/or teacher has contracted with MentorMob to collect personal information from students for educational purposes. MentorMob requires schools, districts, and/or teachers to obtain parental consent from students' parents before collecting any such personal information
If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Service, we will delete that information as quickly as possible.
If you believe that a student may have provided us personal information beyond what is requested when signing up for the Service, or that a student's school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at support@MentorMob.com.
- MENTORMOB ACCOUNTS
In order to access some features of the Service, you will have to create a MentorMob account. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MentorMob immediately of any breach of security or unauthorized use of your account.
Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
Although MentorMob will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MentorMob or others due to such unauthorized use.
If you are using your account as a student, the following terms apply to you in addition to the other terms and conditions of these Terms of Service:
- You must get your parent or guardian to read these Terms of Service before using the Service if you are under 18 years of age.
- You will only register for and access the Service as a student registrant, and not as a teacher, school, district, parent, publisher, or any other category of user, whether offered by MentorMob now or in the future.
- You will only access the Service using the account created by your teacher, school, or school district. You may not use any account of any other student or which you did not directly receive from your own teacher, school, or school district.
If you are using your account on behalf of the school district, the following terms apply to you in addition to the other terms and conditions of these Terms of Service:
- You will only create accounts for teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to cease using all accounts he or she has access to and remove the account from the Service. If at any time you learn a user of the Service claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify MentorMob immediately.
If you are using your account as a teacher, the following terms apply to you in addition to the other terms and conditions of these Terms of Service:
- You represent and warrant that you have permission from your school and/or district to enter into these Terms of Service and to use the Service as part of your curriculum. You further represent and warrant that you are agreeing to these Terms of Service on behalf of your school and/or district, and that you have authority to bind your school and/or district to the terms of these Terms of Service.
If you are using your account as a teacher, the following terms apply to you in addition to the other terms and conditions of these Terms of Service:
- You will only use an account provided to you by your children's teacher(s). You agree not to use any account to access the account or information about anyone other than the child for whom the account was created.
- You understand that your acceptance of these Terms of Service indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted these Terms of Service on their behalf.
- General Use of the Service-Permissions and Restrictions MentorMob hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service, the Content, or the ordering of Content within the Learning Playlists without MentorMob' prior written authorization, unless MentorMob makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the Service itself or other explicitly authorized means MentorMob may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain MentorMob' prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from MentorMob appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
creating an original Learning Playlist, to promote your business or artistic enterprise; or
any use that MentorMob expressly authorizes in writing. (For more information about what constitutes a prohibited commercial use, see our FAQ.)
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the MentorMob servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MentorMob grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MentorMob reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
MentorMob reserves the right to discontinue any aspect of the Service at any time.
- YOUR USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to MentorMob, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by MentorMob on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of MentorMob or the respective licensors of the Content. MentorMob and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that MentorMob is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MentorMob with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MentorMob, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- YOUR CONTENT AND CONDUCT
As a MentorMob account holder you may submit Content to the Service, including website links and user comments. You understand that MentorMob does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to MentorMob all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to MentorMob, you hereby grant MentorMob a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and MentorMob' (and its successors' and affiliates') 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. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that MentorMob may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MentorMob all of the license rights granted herein.
You further agree not to submit content or comments linking to investment opportunities or multi-level marketing schemes.
You further agree to not sell or otherwise transfer your account. In addition, you agree that you will not use the Service on behalf of (or per the request or instruction of) any third party, or pay or otherwise attempt to influence any third to manipulate or otherwise affect the site in any manner (including, without limitation, by paying any other User to submit any Content).
You further agree not to submit any information, links or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law, and you agree to indemnify, defend and hold harmless MentorMob and its subsidiaries, affiliates, agents and employees for any claims or lawsuits brought because you submitted such materials on the Service..
You further agree that you will not submit to the Service any Content or other material that is contrary to the MentorMob Community Guidelines, currently found at https://www.mentormob.com/splash/community, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
You further agree when you submit ideas, suggestions, or proposals (collectively, "User Generated Content") to us, you represent, warrant, and agree that: (i) any User Generated Content does not include confidential or proprietary information, you have all necessary rights to submit the User Generated Content to MentorMob and that they do not and will not infringe or violate any third party rights of any kind; (ii) MentorMob may use and disclose the User Generated Content in any way if it chooses; and (iii) MentorMob has no obligation to pay or reimburse you for the User Generated Content or for our use of the User Generated Content. You also acknowledge that (x) MentorMob may have already created, or be in the process of creating, content that may be substantially similar to the User Generated Content at the time of submission to us, and (y) elements of the User Generated Content may not be subject to protection under copyright law.
Although MentorMob strives to maintain high standards for the Service, MentorMob is under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, MentorMob reserves the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of MentorMob. MentorMob neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized MentorMob employees acting in their official capacities.
MentorMob does not endorse any User Generated Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MentorMob expressly disclaims any and all liability in connection with User Generated Content. MentorMob does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MentorMob will remove all User Generated Content if properly notified that such User Generated Content infringes on another's intellectual property rights. MentorMob reserves the right to remove User Generated Content without prior notice.
- ACCOUNT TERMINATION POLICY
MentorMob will terminate a User's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer or to be repeatedly in violation of the MentorMob Terms of Service, Community Guidelines, or Privacy Notice.
MentorMob reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. MentorMob may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User's account for submitting such material in violation of these Terms of Service.
- DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MentorMob designated Copyright Agent to receive notifications of claimed infringement is Bartly J. Loethen, 730 West Randolph, 6th Floor, Chicago, IL 60661, email: copyright@MentorMob.com, fax: 312-454-. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MentorMob customer service support@MentorMob.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(4), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MentorMob may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MentorMob' sole discretion.
- WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MentorMob, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MentorMob MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MentorMob DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MentorMob WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL MentorMob , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MentorMob SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by MentorMob from its facilities in the United States of America. MentorMob makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MentorMob , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MentorMob without restriction.
You agree that: (i) the Service shall be deemed solely based in Illinois; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over MentorMob, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and MentorMob that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Cook Count, Illinois. These Terms of Service, together with the Privacy Notice at https://www.mentormob.com/splash/privacy and any other legal notices published by MentorMob on the Service, shall constitute the entire agreement between you and MentorMob concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MentorMob' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MentorMob reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MentorMob AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: September 24th, 2014