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Oracle Learning Community
Terms of Service Policy
Last Updated: April 2023
PLEASE READ THIS DOCUMENT CAREFULLY. Dr. Tammé Shinshuri, Oracles of Truth dba Oracles of Truth Academy, Nienté, Pedageo Media, and affiliate corporate entities hereafter referred to as (“SHINSHURI,” “we,” or “us”) provides direct access to Flexible Learning experiences which contains, digital media services, courseware products, and Experiential Ecology educational programs, mobile applications, desktop applications, online radio and television programs, and instructional content (collectively, the Education Services”) distributed via its online websites and social learning platforms including shinshuri.com, oraclesoftruth.org, olc.oraclesoftruth.org, civicrm.oraclesoftruth.org, pedageomedia.com, niente.net, drshinshuri.com, and businessphilanthropist.com (the “SITES”).
In all instances herein, this Terms of Service Agreement applies to all End Users hereafter referred to and collectively includes all such titles and references as “members”, “program participants”, “students”, “you”, “users”, “clients”, “customers”, “instructors”, “faculty”, “mentors”, “mentees”, and “partners”.
Education Services Defined
The Education Services means and includes all online platforms (e.g., Oracle Learning Community, Business Philanthropist Community, Pedageonline, RITMO Fellowship Community, etc.) including all digital media content, eCourses, eModules, eClasses, webinars, workshops, 1×1 mentoring or coaching sessions, training materials, processes, procedures, methodologies, toolkits, technical documentation, content in any format (e.g., video, audio, graphics, text, etc.) proprietary information, and trade secrets that may be disclosed or shared while conducting business with members who access, engage, interact, participate, and use such services.
By registering or using the Education Services in any way, you accept this Terms of Service (“Agreement”), which forms a binding agreement between you and SHINSHURI and any of its affiliate corporate entities and partners responsible for hosting or providing the designated services. If you do not wish to be bound by this Agreement, do not sign up, subscribe, purchase, access, or use these Education Services.
A. Who May Use the Education Services
You must be at least 18 years old to use the Education Services. If you are not at least 18 years of age, then you are a minor (this depends on where you live). You must have your parents’ or legal guardian’s permission to use the Education Services. Please have him or her read this Service Agreement with you and obtain written consent before signing up. You must upload a copy of the written consent authorizing your use of the Education Services. Download a copy of the Parental Consent and Authorization Form. Upload a copy here before submitting any required enrollment form.
Notice to Parents and Guardians
By granting your child permission to use the Education Services, you agree to the terms of this Service Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Education Services. If your child is using the Education Services and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access or delete the account. If you have questions about whether the Education Services is appropriate for your child, please or contact us.
Even if you are old enough to use the Education Services and/or have your parent’s or guardian’s permission, some of the content available within the Education Services may not be appropriate for you. We provide content of a general nature in behavioral health, science, engineering, mathematics, technology, social science, arts, spirituality, college readiness, and career/job readiness. Some of our content may be for a mature audience. We do not publish “R-rated” material such as nudity, profanity, or other mature subject matter. If you are under 18, please do not view or listen to content that may be offensive or inappropriate for you.
- Information We Collect About You
- How We Use the Information We Collect
- How You Can Access the Information
- Your Choices About the Collection and Use of Your Information
- How We Protect Your Personal Information
- Linked Information
- Web Beacons
C. Intellectual Properties
Members may have direct or indirect access to intellectual properties, trade secrets, and other proprietary or confidential information or data that is protected by federal and state laws, which can include but is not limited to any of the following patents, copyrights, trademarks, and service marks:
- Business Philanthropy Technology
- CHI Consortium
- GED Map
- Experiential Ecology
- Financial Freedom Roadmap
- Flexible Learning
- LEAP Challenge
- Manage the GAP
- Mental Agility
- Model of Human Potential
- RITMO Experience
- MENTOR Leadership
- Whole Person Care Administration
Safeguard and Protect Intellectual Properties and Confidential Information
Confidential and proprietary information includes, but is not limited to, information accessed and disclosed in connection with this this Service Agreement and shall not include information rightfully obtained from a third party. Members and other end users of the Education Services agree to:
- only access and use the Intellectual Property internally to the SHINSHURI SITES or site in which it is accessible and installed.
- not disclose and hold in strict confidence to protect the Intellectual Property and may not copy, duplicate, sell, share, distribute, print or provide access to anyone that is not a Program Participant, faculty, facilitators, and other members who have permission and authorized to use the SHINSHURI SITES.
- not to use any Confidential and Proprietary Information in any manner other than in discussion with other Student Members and users during scheduled mentoring sessions, eCourses, eClasses or in the online forums.
- keep confidential and proprietary information related to any intellectual properties accessed and used from the Education Services in strictest confidence and shall use best efforts to safeguard the confidential and proprietary information and to protect it against disclosure, misuse, abuse, espionage, loss, and theft.
- NOT violate SHINSHURI’s publicity, intellectual property rights, or privacy rights.
- NOT reveal any information to a third-party obtained in connection with this Service Agreement or SHINSHURIS’s direct or indirect dealings with Members and other users of the Education Services including but not limited to contact information (e.g., names, email addresses, third-party companies, titles, or positions, phone numbers or addresses).
- NOT, at any time, either directly or indirectly, disclose confidential and proprietary information to any third-party.
- affirm that enrolling and purchasing various components of any of Education Services or accessing the SHINSHURI SITES where eCourses and materials are installed that if they violate or display any likelihood of violating this Service Agreement, SHINSHURI shall be entitled to seek damages or injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Members and other users accept and agree that they are fully responsible for any results that they may achieve from accessing and using the Education Services. SHINSHURI nor any of its agents, representatives, employees, affiliates, or partners makes no representations, warranties, promises, or guarantees verbally or in writing.
Members and other users understand that the results experienced from their participation and use of the Education Services may vary significantly between persons of interest. Members understand and acknowledge that there is no guarantee that any level of success will be met from participation and use of the Education Services.
Education and program materials are created for a general audience and should not be assumed, construed, and interpreted as information for any specific individual or business entity. SHINSHURI assumes no responsibility or liability for errors or omissions that may appear in any program materials.
Learning Application and Use
All eCourses developed and published on SITES are designed to allow members and other users to experience learning from multiple stimuli, methods, and devices. To maximize learning outcomes, users are strongly encouraged to interact, collaborate, and participate with the instructor/faculty and other students in the online community. Learning is driven by the user and sometimes the instructor/faculty and can include multiple learning strategies:
- Self-paced multimedia lessons/units (text, audio, video)
- Individual and/or team assignments
- Reflective inquiry, interaction, collaboration, and dialogue between Instructors and students in the course forum
- Support documentation and learning materials (Required books, CDs, DVDs, eBooks, PDF documents)
- Accessible learning modalities (mobile, virtual, self-paced, print, classroom)
- Practice quizzes and/or exams
- Review, evaluation, feedback, and coaching
- Course certificates/certification and licensing
Digital Content Disclaimer
eCourse products and online digital content may contain digital movie clips to illustrate a concept, present an example, or highlight a significant point to enhance learning. These digital movie clips are used under the fair use act and are copyrighted by their respective commercial authors. These digital media elements are used strictly for educational purposes and are not for sale.
D. Limited License to Access and Use Education Services
SHINSHURI grants you a limited, non-exclusive license to access and use the Education Services for your own personal, non-commercial purposes. This includes the right to view content and download materials available on the Education Services. The license is personal to you and may not be assigned, transferred, or sublicensed to anyone else.
You may not use the Education Services for commercial purposes unless you are an Affiliate, Partner, Instructor, or Faculty user, in which case you must sign a written agreement to license the Education Services. After a written agreement has been signed and license fees paid in full, you may use and access the Education Services for commercial and non-commercial purposes.
Except as expressly permitted by SHINSHURI in writing, you agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Education Services. Nor will you take any measures to interfere with or damage the Education Services. All rights not expressly granted by SHINSHURI are reserved and are protected under U.S. and International trademark, copyright, and patent laws.
Mobile Application Use
Your use of the Education Services through one of our mobile applications is also subject to this Terms of Service Policy.
E. Business Philanthropy Social Entrepreneurship
SHINSHURI provides a unique entrepreneurial learning experience via the MENTOR Leadership and UPMOBILITY accelerator programs. These programs are offered exclusively through a partnership with OTA and administered via the BusinessPhilanthropist.com Community site. SHINSHURI owns all trademarks, business models, educational curricula, courseware products, videos, reference documentation, tool kits, learning platform, business systems, and Business Philanthropy (BP) technology (collectively the “BP Intellectual Property”).
We wish to highlight a few important clauses specific to these programs. These additional clauses are an addendum to this full Terms of Service Policy and are included herein for convenience as it relates specifically to the named programs.
Each prospective member must enroll in the MENTOR Leadership program via the Enrollment Form at OTA and complete the initial readiness assessment and orientation training. Once a prospective is accepted into the program, he or she becomes a new MENTOR initiate.
Members learn how to identify, plan, develop, and launch a conceptual business project or expand and grow an existing business. A detailed process is presented that shows entrepreneurs how to successfully plan, organize goals and objectives, assemble a board and operational team, and develop actions to create, build, market, and prove a business concept leading to successful launch of a business, product, program, or service. The MENTOR Leadership program has four exemplary leadership tracks which include:
- Track 1: Business Entrepreneur (for-profit)
- Track 2: Business Philanthropy (hybrid)
- Track 3: Ultimate Philanthropy Mobility (non-profit)
- Track 4: MENTOR Certification (business coaches)
Each Track consists of three phases, which include: Phase 1: 90-day Sprint, Phase 2: Pace to Success, and Phase 3: Social Learning Fund.
There are six membership plan options, which include:
- 90-day Sprint (Free)
- Pacer: Capacity Builder
- Pacer: Project Innovator
- Pacer: Platform Developer
- Fast Track
- Alumni Funding
Certification is a requirement to use any aspect of the Business Philanthropy technology and obtain certification as a licensed Business Philanthropist after successful completion of one of the program tracks. An individual social entrepreneur may obtain certification in one or more of the four exemplary leadership tracks which include:
- Track 1: Business Entrepreneur (for-profit)
- Track 2: Business Philanthropy (hybrid)
- Track 3: Ultimate Philanthropy (non-profit)
- Track 4: MENTOR Certification (business coaches)
A specific designation may be obtained by business entities interested in obtaining certification as an Authorized Business Philanthropy Service Provider.
Intellectual Property and Confidentiality
Social entrepreneurs and their teams, Mentor Facilitators, partners, funders (i.e., grant makers, angel investors, corporate sponsors, and their members in the community:
- shall only access and use BP Intellectual Property internally to their company or organization, and may not copy, duplicate, sell, share, distribute, print, or provide access to anyone that is not an employee, representative, team member, or agent of the company with a business need to know how to apply it to the internal business operations.
- shall not disclose and hold in strict confidence to protect the BP Intellectual Property, their own, and other members’ intellectual property rights, and may not copy, duplicate, sell, share, distribute, print, or provide access to anyone that is not a member in the MENTOR Leadership program or member of the BP Community.
SHINSHURI respects each member’s rights and privacy and insists that all members respect the rights and privacy of other members and SHINSHURI’s too. Thus, consider this a mutual non-disclosure confidentiality agreement. Any Confidential Information shared by members or any representative of SHINSHURI is confidential, proprietary, and belongs solely and exclusively to the party that shared or disclosed the content or information (e.g., business strategies, methods, best practices, techniques, models, process, business plans, etc.).
SHINSHURI and members agree not to disclose, reveal, copy, duplicate, sell, share, distribute, print, or provide access to anyone any confidential and proprietary information at any time during business transactions, during discussions on the forum, or otherwise for any purpose or intent whatsoever without the expressed written permission of the individual to whom the confidential and proprietary information belongs.
Members also agree not to use any such confidential and proprietary information in any manner other than in discussion with other members during scheduled mentoring or coaching, eCourse, eModule, or eClass sessions or in the online forums.
Handling Confidential and Proprietary Information
Confidential and proprietary information includes, but is not limited to, information disclosed in connection with this specific clause under this addendum to this Service Agreement shall not include information rightfully obtained from a third party. SHINSHURI and members agree as follows:
- To keep confidential and proprietary information in strictest confidence and shall use the best efforts to safeguard the confidential and proprietary information and to protect it against disclosure, misuse, espionage, loss, and theft.
- NOT to violate SHINSHURI’s or other members publicity, intellectual property rights, or privacy rights.
- NOT to reveal any information to a third party obtained in connection with this Service Agreement or SHINSHURI’s direct or indirect dealings with members and others in the program including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses.
- NOT to, at any time, either directly or indirectly, disclose confidential and proprietary information to any third-party.
- Affirm that enrolling and purchasing various components of the MENTOR Leadership program or accessing the learning community that if they violate or display any likelihood of violating this Service Agreement, SHINSHURI and/or member affected by any such violation shall be entitled to seek damages or injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Agile Business Operations Development (ABOD) Services
Social entrepreneurs receive free mentoring and coaching, business development planning tools, learning resources, and training as a part of the full MENTOR Leadership program. Members may receive ABOD Services at a reduced rate.
We currently offer the following Business Services to meet the business needs of our members.
- Curricula Development
- Web Services
To subscribe to one of the service plans visit the Business Services page. For more see our Subscription and Purchases terms clause in this Service Agreement. We intend to add more services to enhance the benefit of the program and help each member develop and grow their business. Future services shall include:
- Information Technology
If members subscribe or purchase any Business Services, they agree that the service is provided by an independent partner and members assume full responsibility and liability for their service plan, subscription, maintenance, and relationship with the partner.
When addressing financial matters or business results on the website, learning community, sales pages, videos, newsletters, programs or other materials, every effort has been made to accurately represent this program and its potential. SHINSHURI does not guarantee that you will earn any money or attain desired business results using the techniques, methods, and strategies contained in the materials provided. Examples in the materials are not to be interpreted as a promise or guarantee of earnings, business results, or financial sponsorship, secure grant funding, or capital investment. Earning potential is entirely dependent on the person and teams using the program, services, ideas, methods, and techniques. We do not purport this as a “get rich scheme.”
By purchasing a Membership or Business Services plan or subscription you accept, agree and understand that you take full responsibility for your progress and results in your business venture. Your level of success in attaining measurable results depends on the time and effort you devote to the program, ideas, methods, techniques, your finances, knowledge, and various skills. Since these factors differ according to individuals and businesses. We cannot guarantee your success or income level. Nor are we responsible for any of your actions. We offer no professional, legal, medical, psychological, or financial advice.
Members further agree that your assigned Mentor Facilitator is not an employee, agent, lawyer, doctor, manager, therapist, public relations manager, registered dietician, or financial analyst, psychotherapist or accountant. Members understand that SHINSHURI has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for member/client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for member/client; (6) introduce member/client to consultant’s full network of contacts, media partners or business partners. Members understand that a relationship does not exist between them and SHINSHURI after the conclusion of this program unless an offer of funding is extended via donations, sponsorship, partnership, capital investment, or grant and has been accepted and a formal written agreement is secured. If SHINSHURI and members continue their relationship, individually and respectively, a separate agreement shall be established between both parties.
This entrepreneurial program has been created ONLY for educational purposes. Members accept and agree that they are fully responsible for any results achieved from the program. SHINSHURI nor any of its agents, representatives, or employees makes no representations, warranties, promises, or guarantees verbally or in writing.
Members understand that the results experienced each member may vary significantly between persons of interest and entities. Program Participants understand and acknowledge that there is a risk of loss of capital, and that there is no guarantee that any level of success will be met from participation in the program.
There is no guarantee to receive a corporate sponsorship, recoverable grant, donation, partnership, or capital investment without demonstrated performance results and outcomes. The determination to fund a business project or entity is at the sole discretion of the funder (i.e., grant maker, corporate sponsor, donor, angel investor, etc.). Program materials are created for a general audience and should not be assumed, construed, or interpreted as information for any specific individual or business entity. SHINSHURI assumes no responsibility or liability for errors or omissions that may appear in any program materials.
Independent Contractor Status
Nothing in this Service Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship with members. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the way such personnel performs tasks, functions, and operations hereunder. In no way, shall members be deemed employees of SHINSHURI or any other party by participation or performance hereunder.
Should an event occur that is beyond reasonable control of SHINSHURI, its agents, employees, partners, affiliates, and members including, but not limited to, acts of God, war, acts of terrorism, or State Department travel advisory make it illegal, impossible, or inadvisable to perform the terms laid out under this Service Agreement, SHINSHURI’s performance will be extended without liability for a period to perform due to the occurrence.
F. Enrollment and Memberships
Enrollment is required to access the Education Services. Members gain access to one or more Education Services via one or more learning platforms. Enrollment to Education Services is handled by Oracles of Truth Academy (OTA). and access is configured for each member based on his or her enrollment preferences, supportive care services, education, employment, and economic needs.
Every member must apply for enrollment, complete a preliminary interview or consultation. A new account is configured for every person that is admitted and receives Education Services. To fully use Education Services, members are registered using the personal information they provide at the time they complete and submit an enrollment application. A username, password, and the valid email address provided are used to configure the member’s account. You must provide complete and accurate application information OTA and notify us if your information changes.
In some instances, registration may be required by you via a subscription service or product purchase or as an individual agency or business entity. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the agency/entity to this Service Agreement.
If you are required to register yourself, agency, or business entity, you are required to use your real legal name. If you are a business, government, or non-profit entity, you must also provide the registered legal name of the organization. You may not use someone else’s name, a name that violates any third party’s right, or a name that is obscene or otherwise objectionable.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Education Services. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
G. Subscriptions and Purchases
Access to the Education Services membership is free for the lowest basic membership. All other membership plan options are offered as a paid subscription. Plan pricing is displayed on each of the sites in which specific services and products are offered. We reserve the right to change plan features and prices at any time without notice. We also offer various marketing services to members. New and existing members who wish to obtain Business Support Services may submit a request at any time on the website or learning platform where the services are offered.
Note: Additional terms and conditions (to be shown prior to purchase) may be applied to custom accounts. Some product and service fees may be subject to sales taxes.
Cancellations and Refunds
Members who purchase annual subscriptions have thirty (30) days after their purchase to cancel to receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by SHINSHURI. If your account is terminated due to your breach of this Service Agreement during the relevant cancellation period, you will not be refunded.
Cancellations of Education Services during or before completion or fulfillment of any program or service requirements shall be subject to special cancellation rules. See Term and Termination; Account Deletion section for details. If you have questions, please contact us.
Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. SHINSHURI reserves the right to deny subscriptions, renewals, and other purchases for any reason.
End of Subscription
When a membership, product, or service subscription ends, the account automatically becomes a Basic (free) account and SHINSHURI may disable access to or delete any content to comply with Basic account limits. When a custom subscription ends, the account and its content may be deleted if the subscription is not renewed.
H. Term and Termination; Account Deletion
This Service Agreement begins on the date you first access, engage with us, and use the Education Services and continues whether or not you have an account with us. Specifically, any interaction during a preliminary interview or consultation where details about the Education Services are discussed are subject to this Service Agreement.
You may delete your account at any time. Basic accounts may be deleted from the Education Services if they remain inactive (i.e., the user fails to log in) for a continuous period of at least two (2) years. Subscription accounts will remain active until the end of the subscription term and any renewal term.
Termination for Breach
SHINSHURI may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if SHINSHURI determines that you have violated any provision of this Service Agreement or that your conduct or content would tend to damage SHINSHURI’s reputation and goodwill. If SHINSHURI deletes your account for the foregoing reasons, you may not re-register for the Education Services. SHINSHURI may block your email address and Internet protocol address to prevent further registration. SHINSHURI holds the right to seek damages and/or injunctive relief should the breach be a violation of federal and state laws.
Effect of Termination/Account Deletion
Upon termination, all licenses granted by SHINSHURI will terminate. Sections C, E, and H through M shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. SHINSHURI shall not be responsible for the loss of such content. The following Education Services Incomplete Rules shall apply when termination occurs, and the member has not fully completed the Education Services to which he or she or they had subscribed.
Education Services Incomplete Rules
Should you cancel or terminate your membership/subscription or withdraw/drop from a program or training prior to fully completing the full program the following rules shall govern reinstatement and renewal:
- Any Education Services that were terminated may be resumed upon renewal of membership or subscription.
- Any discounts or donations granted during the term of your initial membership or subscription shall be forfeited and you may not be eligible for reinstatement of any prior discount.
- SHINSHURI holds the right to offer additional discounts or donations if any.
I. Content Restrictions
You may not upload, post, copy, share, or transmit (collectively, “submit”) any video, image, text, audio recording, files, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, patents etc.).
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted if there is a real tangible and legitimate business reason to display such content);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group.
- Exploit minors.
- Depicts unlawful acts or extreme violence.
- Depicts animal cruelty or extreme violence towards animals.
- Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, or any other dubious money-making ventures.
- Violate any law.
All content you submit (including video, audio, documents, graphics) must also comply with federal and state laws, which are incorporated into this Service Agreement.
SHINSHURI regularly practices restricting access to certain specific content and materials from being accessible other than for viewing purposes only. If content is restricted on any SHINSHURI SITES, this means you may only access and view the content, but you may not download, copy, duplicate or attempt to retrieve direct access to the content or materials. Violations of this clause shall result in termination of your membership/subscription and account deletion.
J. Code of Conduct
In using the Education Services, you must always behave in a civil and respectful manner. Further, you agree not to:
- Act in a deceptive manner by, among other things, impersonating any person.
- Harass or stalk any other person.
- Harm or exploit minors.
- Distribute spam.
- Collect information about others.
- Advertise or solicit others to purchase any product or service within the SHINSHURI SITES unless you are an authorized business partner or advertiser and have a written agreement with SHINSHURI.
SHINSHURI has the right, but not the obligation, to monitor all conduct on and content submitted to the SHINSHURI SITES or posted or uploaded while using the Education Services.
K. Licenses Granted By You
Video License to SHINSHURI
As between you and SHINSHURI, you own any content (“video”) that you submit using the Education Services. By submitting content, you grant SHINSHURI and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Education Services; (ii) displaying the video on third party websites and applications through embed technology or SHINSHURI’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your media content privacy choices; (iii) promoting the Education Services, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
SHINSHURI may record 1×1 mentoring and coaching sessions, obtain video interviews, written and verbal testimonials, and//or conduct culturally responsive listening sessions and evaluations for the purpose of creating success stories to display on SHINSHURI SITES and for marketing purposes. SHINSHURI shall have the right to use any video recordings that you participate in without any compensation to you.
Video License to Other Users
You further grant all users of the Education Services permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
Duration of Video Licenses
The above licenses will continue unless and until you remove your videos from the Education Services, in which case the licenses will terminate within a commercially reasonable period. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that SHINSHURI has no control over such caching.
Non-video Content License
As between you and SHINSHURI, you own all non-video content that you submit to the Education Services. You grant SHINSHURI and its affiliates entities a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content with the exception of content that you share or post via your access and use as a user/member of the Business Philanthropist Community. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the Education Services permission to view your non-video content for their personal, non-commercial purposes.
If you make suggestions to SHINSHURI on improving or adding new features to the Education Services, SHINSHURI shall have the right to use your suggestions without any compensation to you.
L. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit, post, share, disseminate, and publish the content to the SHINSHURI SITES and the Education Services and grant the licenses set forth above; (ii) SHINSHURI will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Service Agreement and all applicable laws.
M. Third-party Copyrights and Other Rights
SHINSHURI respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Service Agreement.
For other intellectual property claims, review our copyright law notice for more information.
SHINSHURI reserves the right to modify the Education Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Education Services. SHINSHURI has no obligation to screen or monitor any content and does not guarantee that any content available on the Education Services complies with this Service Agreement or is suitable for all users. SHINSHURI provides the Education Services on an “as is” and “as available” basis.
You therefore use the Education Services at your own risk. SHINSHURI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SHINSHURI makes no representations or warranties:
- That the Education Services will be permitted in your jurisdiction.
- That the Education Services will be uninterrupted or error-free.
- Concerning any content submitted by any member.
- Concerning any third party’s use of content that you submit.
- That any content you submit will be made available on the Education Services or will be stored by SHINSHURI.
- That the Education Services will meet your business or professional needs.
- That SHINSHURI will continue to support any feature of the Education Services.
- Concerning sites and resources outside of the Education Services, even if linked to from the Education Services.
To the extent any disclaimer or limitation of liability does not apply, all applicable expressed, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Education Services, and no warranties shall apply after such period.
O. Limitation of Liability
To the fullest extent permitted by law: (i) SHINSHURI shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) SHINSHURI’s total liability to you shall not exceed the amounts paid by you to SHINSHURI over the twelve (12) months preceding your claim(s).
You will indemnify, defend, and hold harmless SHINSHURI and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Education Services; (ii) assert a violation by you of any term of this Service Agreement; or (iii) assert that any content you submitted to SHINSHURI violates any law or infringes any third party right, including any intellectual property or privacy right.
Q. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Education Services are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), and because they may merely be, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions bear no resemblance to any of the aforementioned depictions or were created prior to July 3, 1995.
SHINSHURI is not the primary producer of visual content that may contain any of the said depictions in the Education Services.
R. General Provisions
This Service Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any action arising out of or relating to this Service Agreement, or your use of the Education Services must be commenced in the state or federal courts located in Sacramento County, California, United States of America (and your consent to the jurisdiction of those courts). In any such action, SHINSHURI and you irrevocably waive any right to a trial by jury.
Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and should not be used to construe the terms of this Service Agreement. If any term of this Service Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Service Agreement. No failure or delay by SHINSHURI in exercising any right hereunder will waive any further exercise of that right. SHINSHURI’s rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third-party Beneficiaries
This Service Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Service Agreement without SHINSHURI’s prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from SHINSHURI electronically. SHINSHURI may provide all such communications by email or by posting them on the Education Services. For support-related inquiries, you may contact us. You may send notices of a legal nature to SHINSHURI at legal[at]shinshuri[dot]com or the following address:
Oracles of Truth Academy
110 N. San Joaquin Street, Suite 416
Stockton, CA 95202
Attention: Legal Department
Dr. Tammé Shinshuri
P.O. Box 292721
Sacramento, CA 95829
Nothing herein shall limit SHINSHURI’s right to object to subpoenas, claims, or other demands.
This Service Agreement may not be modified except by a revised Terms of Service posted by SHINSHURI on the SHINSHURI SITES or a written amendment signed by an authorized representative of SHINSHURI. A revised Terms of Service will be effective as of the date it is posted on the SHINSHURI Sites.
This Service Agreement incorporates the following documents by reference:
This Service Agreement constitutes the entire understanding between SHINSHURI and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Service Agreement does not govern any use of SHINSHURI’s application protocol interface (API), which is governed by our API Agreement.
End of Document
Have a nice day.
S. How to Contact Us
If you have any questions about this Service Agreement or our information-handling practices, or if you would like to make a suggestion or inform us of any matter related to the Education Services described herein, please contact us by completing our contact us form or via postal mail by sending a letter to:
Oracles of Truth Academy
110 N. San Joaquin Street, Suite 416
Stockton, CA 95202
Dr. Tammé Shinshuri
P.O. Box 292721
Sacramento, CA 95829