Terms of Use

Updated October 8, 2013

Thank you for visiting Nightlightlearning.com (the "Site"), operated by Nightlight Learning Tools, Inc. ("Nightlight Learning" or "we" or "us"). Please carefully read these Terms of Use ("Terms") so you understand how we operate this Site, what we can offer and how we can work together. Please also read our Privacy Policy. By using the Site and Nightlight Learning Services (even if you're just visiting), you are agreeing to the Terms and Privacy Policy posted at the time of your visit.

About Us

Nightlight Learning delivers products designed to aid in specific kinds of learning (collectively referred to as "Nightlight Learning Services") that are offered via the Site, other social media, mobile services and mobile applications.

Our Customers

The Site is open to anyone, but some of the Nightlight Learning Services are only available to registered members ("Members"), who must be 14 years of age or older. You can visit the Site without registering and we will consider you a "User."

Membership Responsibilities

When you become a Member, you agree to the following:

  • You have provided true information when you registered to be a Member;
  • You have given us a valid email address, and we may confirm upon registration, or at any time thereafter, via a confirming e-mail which may require a response to complete your registration or keep it active;
  • You will notify us if something changes;
  • You are 14 years of age or older; and
  • You will not violate these Terms as a Member.

If you become a Member, you are responsible for the activities in your account, for protecting your account with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password.

Nightlight Learning reserves the right to terminate your Membership at any time (even if you've paid), without warning for any or no reason, with or without prior notice or explanation and without liability, and can even take legal action if needed.

For example, please note that it is our policy to terminate the accounts of Members who infringe intellectual property rights. We also have published Content Boundaries (below). Repeated violation of the Content Boundaries described could result in the termination of your Membership/ We have a similar account termination policy for Members who violate these Terms or commit illegal acts using the Site or Nightlight Learning Services, although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the Site or Nightlight Learning Services or terminate a Member's account when something similar occurs.

You may cease use of the Nightlight Learning Services at any time. Even after you are no longer a Member, you will still be responsible for the promises you have made to us about your Content (defined below). You'll be responsible for any damages that result from your breaking those promises as further outlined below.

Content Boundaries

We want to hear from you. We want you to express your opinions about Nightlight Learning Services, products, Site, or topics addressed on our Site.

Our content policies play an important role in maintaining a positive experience for you, the Users. Please respect these guidelines. From time to time, we may change our content policies, so please check here again. Also, please note that when applying the policies below, we may make exceptions based on artistic, educational, documentary or scientific considerations, or where we believe there are other substantial benefits to the public from not taking action on the content.

Hate speech: We want you to use our Site to express your opinions, even controversial ones. However, don't cross the line by publishing hate speech. By this, we mean content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status or sexual orientation/gender identity. For example, don't write a blog saying that members of Race X are criminals or advocating violence against followers of Religion Y.

Crude content: Don't post content just to be shocking or graphic. Comments or posts Nightlight Learning would consider crude are, but not limited to: vulgar language, hateful language, content of a sexual nature expressed about any age, race, or gender.

Violence: Don't threaten other people in your comments. For example, don't post death threats against another person or group of people and don't post content encouraging readers to take violent action against another person or group of people.

Harassment: Do not harass or bully others. Anyone using the Site to harass or bully may have the offending content removed or be permanently banned from the site. Online harassment is also illegal in many places and can have serious offline consequences.

Copyright: It is our policy to respond to clear notices of alleged copyright infringement. Also, please don't provide links to sites where your readers can obtain unauthorised downloads of other people's content.

Personal and confidential information: It's not OK to publish another person's personal and confidential information. For example, don't post someone else's credit card numbers, personal identification numbers, unlisted phone numbers and driving licence numbers. Also, please bear in mind that in most cases, information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies.

Impersonating others: Please don't mislead or confuse readers by pretending to be someone else or pretending to represent an organisation when you don't. We're not saying you can't publish parody or satire – just avoid content that is likely to mislead readers about your true identity.

Illegal activities: Do not use comments on this site to engage in illegal activities or to promote dangerous and illegal activities. For example, don't author a comment encouraging people to drink and drive.

Spam: Spam takes several forms, all of which can result in deletion of your Membership or cause you to be banned from this site. Some examples include posting comments just to promote your site or product; and scraping existing content from other sources for the primary purpose of generating revenue or other personal gains.

 Cost and Pricing

  • Visiting: There is no cost to visit the Site or to register as a Member.
  • Membership (or purchase of pay-for-use products) above the basic free membership involve different levels of pricing. Pricing is determined by the product and/or numbers of products purchased. Please refer to our Products page for more details.

Limits on Use

  • It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other Users' enjoyment of the Site or Nightlight Learning Services or use the Site to deceive, harass or solicit people.
  • It is up to Nightlight Learning whether to terminate your use for violation of these prohibitions or similar activities.

Other Important Guidelines

  • These Terms and the Privacy Policy can change. Again, please carefully read this document and our other policies. We may announce if any "big" changes are made, but so long as you've used the Site after the change, regardless of any separate notice, you agree to the current posted version of the Terms.
  • Our Site is hosted in Canada. There may be more or fewer protections for you in your country than here.
  • Downloading or using the Software is at your sole risk.
  • If you become aware of misuse of the Nightlight Learning Services by any person, please email contact@Nightlightlearning.com and include a URL at which the material in question may be located.
  • You use the Site at your own risk and the Site and services are provided "AS IS."
  • We are not saying that the Site will meet any of your specific needs or that you will get any particular results if you use the Site. We are not responsible for the conduct of other Users' conduct on- or off-line.
  • While we make an effort to keep the Site up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or of Nightlight Learning Services, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
  • The Site may contain links to other websites, wholly unrelated to Nightlight Learning. If you click on links to third party sites, you will be leaving the Site. When you do, you will be governed by the terms of use and privacy policy of that other site. You should review that site's terms and policies.

Things to Keep in Mind

Though everything in these Terms and in our Privacy Policy is a binding contract, we need to let you know the following:

  • Limitation on Liability. IN NO EVENT SHALL NIGHTLIGHT LEARNING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE NIGHTLIGHT LEARNING SERVICES, EVEN IF NIGHTLIGHT LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NIGHTLIGHT LEARNING'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NIGHTLIGHT LEARNING FOR THE NIGHTLIGHT LEARNING SERVICES DURING THE TERM OF MEMBERSHIP.
  • Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Nightlight Learning, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and Nightlight Learning Services in violation of that and/or arising from any Content that you post on or through the Site and Nightlight Learning Services.
  • Some Obligations Continue Even After You've Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and Nightlight Learning Services. Obligations you owed to us and Users of the Site, which by their nature are intended to survive closing or termination, will survive.

Please also read our Privacy Policy.