This SoftwareUser Agreement (hereinafter referred to as the Agreement) is the legally binding agreement between you (i.e., natural person, legal person or other organization. Natural person under the age of 16 shall read and sign this Agreement under the guidance of his designated guardian) and NZS Inc. DBA OneScreen. (Hereinafter referred to as OneScreen or We)
Before you use Lessn AI, please read this Agreement carefully. Any software and electronic documents related to this Agreement shall be authorized for your use according to the terms of this Agreement. At the same time, this Agreement is also applicable to any later release and upgrade of Lessn. You clearly know and understand that you have the right to accept or not to accept the terms of this Agreement.
1. Intellectual Property and Security
A. The services and the site content
All the content (presentations, lessons) displayed on the Lessn and other aspects of the Site and the Apps you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, Site Assets). This also includes the design, structure, coordination, arrangement, expression, and the look and feel of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
2. Your Privacy
A. Our privacy policy:
The privacy and security of your data and the personally identifiable information you give us is important to us. Our Privacy Policy explains the data we collect from you and how we use it. By using Lessn Services, you agree that we may use such data in accordance with our privacy policies.
B. Hosted content
The content hosted on Lessn may include materials generated using AI technologies and Google Search APIs. While we make every effort to use content that is open-source, royalty-free, and generally accessible, Lessn cannot guarantee that all content is free of copyright claims.
In the event that any hosted content, including text or images, infringes on copyright, Lessn disclaims responsibility for such violations. We respect the intellectual property rights of others, and if you believe that your copyrighted material has been used without proper authorization, we kindly request that you submit a formal notice for removal.
To initiate a removal request, please provide the necessary details, including the specific content in question and proof of ownership. Upon receiving this information, we will take prompt action to review and, if necessary, remove the content in compliance with applicable copyright laws
If you believe that the Content on our Services violates your personal privacy rights, contact us at support@onescreensolutions.com or by using our Contact Us form for assistance.
3. COPYRIGHT COMPLAINTS
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (DMCA).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Lessn copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature...
- Identification of the copyrighted work...
- Identification of the material that is claimed...
- Information reasonably sufficient...
- A statement that you have a good faith belief...
- A statement, made under penalty of perjury...
DMCA Agent; Legal Department
OneScreen Privacy Department
12335 World Trade Drive, Suite 9, San Diego, CA 92128
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying OneScreen and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with OneScreen's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Lessn has adopted a policy of terminating users who repeatedly infringe the intellectual property rights of others in appropriate circumstances and at Lessn’s sole discretion.
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the jurisdiction(s) in which you reside.
5. INDEMNITY
To the extent permitted by applicable law, you agree to indemnify and hold Lessn, and its subsidiaries, affiliates, officers, agents, co‑branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Service, including without limitation, User Content, (ii) your use or misuse of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, (v) your violation of any applicable law or the rights of another person or entity, (vi) your willful misconduct, or (vii) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. Lessn reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. GENERAL TERMS
This Agreement together with any amendments and any additional agreements you may enter into with OneScreen for Lessn AI Software relating to the Service, shall constitute the entire agreement between you and OneScreen and govern your use of the Service, superseding any prior agreements between you and OneScreen. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. This Agreement may only be superseded by a signed, notarized writing executed by an officer of OneScreen. The failure of OneScreen to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. We might make versions of this Agreement or one or more of our Policies available in languages other than English. If we do, the English version of this Agreement and any such Policies will govern our relationship and the translations are provided for convenience only and will not be interpreted to modify the English version of this Agreement or such Policies.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
8. Indemnity
You agree to indemnify, defend, and hold harmless OneScreen, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
9. Limitation of Liability & Warranty Disclaimer
Our Services. We work hard to ensure that our Services...
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS...
10. Changes to these terms
We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you.
This includes periodic changes to our Privacy Policy, Copyright & Trademark Policy, and Community Guidelines. The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
11. Other Terms
A. Disputes with OneScreen
In the case of a dispute between you and OneScreen arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Binding Arbitration. You and Lessn agree that any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney's fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND Lessn EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis.YOU AND Lessn EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in New York County to protect the party's intellectual property rights pending completion of the arbitration.
Governing Law. These Terms are governed by the laws of the state of New York, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
Venue. OneScreen is located in California, with our headquarters in San Diego. Any dispute subject to Binding Arbitration will take place in San Diego County, California. For any other judicial action that may arise between you and OneScreen, or for which our Binding Arbitration clause is found not to apply, both you and OneScreen agree to submit to the venue and personal jurisdiction of the state and federal courts located in San Diego County, California.
B. No Waiver
Any failure by OneScreen to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
C. Severability
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable shall be deemed severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.
D. Government Agencies & Public Entities
If you are a federal, state, or local government or government agency in the United States and are using Lessn in your official capacity, the following amendments to these Terms apply:
Federal Governments Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations.
State and Local Governments Entities. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction's laws