1. General Information
Welcome to Listenable, your daily learning playlist. Listenable is a mobile app that helps you master any topic with bite-sized audio courses. Our App helps you learn new things while you are doing something else, like driving, working out, running, etc.
The Listenable website and mobile applications are owned, operated and distributed by Highbrow Learning, Inc., a Delaware corporation (hereinafter referred to as "Listenable", "the Service" or "we" and through similar words such as "us," "our," etc.).
No separate contract is provided for the agreement pertaining to the use of the Service. The content of the agreement between you and Listenable is based on these Terms.
The Service is intended solely for personal and non-commercial use by you. Any use of the Service other than for personal and non-commercial purposes is strictly prohibited. 2. Copyright and User-Generated Content
All materials of the Service (including software and content) contained on the website and in the apps are protected by international copyright and trademark laws and other proprietary rights, and are owned by Listenable (or our affiliates and/or third-party licensors).
Content of the Service may not be copied, or reproduced, or distributed, or republished, or transmitted in any way, without our prior written consent.
You are legally responsible for all data, text, software, music, sound, photographs, graphics, or other content uploaded, published or stored in connection with your use of the Service. Listenable is not responsible for your content. You hereby grant to Listenable a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide you with the Service, and hereby warrant that you have all the rights to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Service. You are encouraged to back up your content regularly and frequently.
You grant to Listenable the right to use your name relating to the submitted materials and other information as well as relating to all advertising, marketing, and promotional material.
You will not upload on the Service any trademarked, copyrighted, or proprietary materials without the permission of the owner. You will not post any content that breaches any copyright, patent, trademark, trade secret, right of publicity, or other proprietary rights or intellectual property of any party.
The Service is available and offered to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Listenable and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
To use the Service, registration with a valid email address is required. The registration itself is free of charge and does not make you sign up for any paid subscriptions.
The password you signed up with must be kept confidential. You are responsible for keeping your account and password confidential and for restricting access to any of your devices. Your Listenable account may be used only by you. Any unauthorized use of your account, as well as any such suspicion, should be communicated to Listenable immediately.
By agreeing to become a Listenable user, you opt-in to receiving occasional newsletter emails. You can easily unsubscribe from Listenable emails by clicking on the "Unsubscribe me" link in these emails. 4. Becoming a Listenable teacher
Teachers may earn money by publishing courses on Listenable. To qualify for payments each quarter, Listenable members must have listened to a minimum of 120 total minutes across all of your courses that quarter.
Listenable compensates teachers on the 15th of the next month after the end of each quarter. Payouts sent are for transactions that have occurred in the previous quarter.
Each quarter, at least 30% of our revenue generated from subscriptions will be returned to teachers. Teachers are compensated based on their share of the minutes listened by users. For example, if 5% of all minutes listened on Listenable was of a teacher's course(es), then that teacher would receive 5% of the revenue allocated to the teacher royalty pool that quarter.
The specifics of the revenue-sharing calculation are subject to change from time to time.
Teachers have 30 days after the time a payment was or should have been made to report any discrepancies. After 30 days, you waive your right to dispute any payment.
Teachers and students agree that Listenable's sole responsibility is to process payments and pay out teachers in the proportions set forth above. Listenable is not a party to any transaction between any teacher and/or student and cannot be responsible for any issues arising from any such transaction.
Listenable's teachers are responsible for all income, sales, and other taxes associated with the money they earn. Listenable teachers will receive the appropriate tax forms, such as a 1099 or 1099k, from either Listenable or one of its payment partners. Listenable reserves the right to withhold any payment until it has received all tax identification information it requires to satisfy its obligations.
Listenable reserves the right to cancel or withhold payments to teachers if it deems, in its sole judgment and absolute discretion, that a teacher engaged in behavior that violated any part of these Terms.
When you publish a course on Listenable, you agree to the following rules:
- Any content you submit to Listenable will not contain third party copyrighted material unless you have permission from the rightful owner of the material.
- You will not submit content to Listenable that violates the Listenable Guidelines for Teachers, which may be occasionally updated.
- You represent and warrant to Listenable that you are qualified to teach the courses that you post on Listenable and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
- You may choose to remove content from your course and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your course.
- Your students will have the ability to post a review of your course(es). We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
- Listenable reserves the right to, but is under no obligation, to delete the listing of any course at any time and for any reason.
Teachers retain full ownership of their audio courses and are free to host them outside of Listenable. You are free to re-use the parts of your course(s) elsewhere, but we will consider it a violation of the terms if you publish the full course(s) in our format on another learning platform, and withdraw it (them) from Listenable. 5. Teaching or Participating in a Class
These Terms are in addition to any agreements or other documents (the "Course Agreements") that a teacher and student may enter into in connection with a Course, including any Course Agreements entered into through the Service. Teachers and students are each responsible for complying with the terms of the Course Agreements, but Listenable has no control over either party's compliance. Listenable shall not be responsible for any liability arising out of the Course Agreements or any actions that you may take in reliance thereon and is not a party to any transaction between you and any other user. To the fullest extent permitted by law, you hereby release Listenable and its officers, directors, employees, agents, affiliates and their respective successors and assigns (collectively, the "listenable parties") from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to any dispute relating to the course agreements or any transaction or attempted transaction with another user of the Service (whether a student or teacher). You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.
Your teaching or participation in a course is at your sole risk. Listenable does not administer courses and does not participate in any way in the actions of any individuals (whether students or teachers) at any course. As a result, we have no control over actions or the identity of the individuals who created these courses, and we request that our users exercise caution and good judgment when participating in courses. You acknowledge and agree that by participating in any course (whether as a student or teacher), you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage, and death. You are solely responsible for all risks and/or costs associated with your participation in any course. To the fullest extent permitted by law, you hereby release Listenable and each of the other Listenable parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your participation in any event, whether as a student or teacher. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.
The courses offered on Listenable are offered directly by the teachers. Listenable is not responsible or liable for any information on its Service listings or profiles. Listenable is not responsible for any changes made to a course by a teacher. 6. Subscriptions
After sign-up, you are able to participate in our ad-free subscription fee-based membership, which gives access to all content on Listenable. This paid membership can be purchased for different and variable periods of time, which you will see on the pricing page in the App.
To become a paid member, you must select the desired option on the pricing screen within the App, and a pop-up will appear where you have to enter your iTunes password to confirm the purchase of the subscription. Please, note that if you purchase a subscription through the Apple iTunes Store or our iOS application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds.
You will only have access to your paid membership while your subscription is active and subsisting. 7. Free Trials
From time to time, Listenable offers new users free subscription access for testing purposes for a certain period of time (hereinafter referred to as the "Trial"). Listenable reserves the right, at its sole discretion, to determine your eligibility for the Trial, and withdraw or modify the Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
At the end of the Trial, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the Trial on a recurring monthly or annual basis. If you do not want to have the subscription access and the charge associated with it, you must cancel your subscription access given to you during the Trial (by simply going to the App Store or Google Play settings) at least 24 hours before the end of the Trial. 8. Cancellation
You may cancel your Listenable Membership at any time for any or no reason. It may be done by canceling the automatic renewal of paid In-App Subscriptions (at least 24-hours before the end of the Trial or current billing period) by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
If you have canceled your Listenable Membership, you will lose access to Listenable's course catalog at the end of your billing period. If you choose to sign up as a paying member again, your billing date will reset to the day you paid.
We may suspend or terminate your use of the Service as a result of the fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio content from the Service. 9. Price Changes
Listenable reserve the right to change our subscription plans or adjust pricing for the Service thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. 10. Availability of Service
We want to provide you with the best service possible, but we make no promise that the Service will meet your requirements and we cannot guarantee that the Service will be fault-free. If a fault occurs in the Service, please email us at email@example.com, and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Service while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Service may be occasionally restricted to allow for repairs, maintenance, or the introduction of new services. We will restore the Service as soon as we reasonably can. 11. Listenable Rights
Listenable reserves the following rights:
- We can make changes to the Service without notice or liability.
- We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Listenable in that jurisdiction.
- We have the right to remove a teacher from the Teacher Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
- We have the right to reject, cancel, interrupt, remove, or suspend any course, review, or other posted content at any time and for any reason.
Listenable is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action. 12. Limitation of Liability
In no event shall we or any other Listenable party be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Service or of any web site referenced or linked to from the Service.
Further, neither we nor any other Listenable party shall be liable in any way for any class or other third party goods and services offered through the Service or for assistance in conducting commercial transactions with other users of the Site, including without limitation any transaction between a student and teacher.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. 13. Indemnification
Upon a request by Listenable, you agree to defend, indemnify, and hold us and the other Listenable Parties harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your violation of these Terms, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 14. Changes to our Terms of Service
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. These Terms and Conditions were last modified as of January 14, 2019.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.