Terms of Service

Terms of Service

When you sign up to become an instructor or guide on the Jərnē platform, you agree to Jerne, LLC Terms of Service for Instructors and Guides as outlined in this document.  These Terms of Service cover details about use of the platform and participation in the community that are specific to your role as an instructor or guide.  They apply as an addition to the Terms of Use that are general terms governing your use of the platform.

Terms & Definitions

Jerne LLC – Jerne LLC is the limited liability corporation (LLC) who owns and operates Jərnē, its platform and services.

Jərnē – an online course focused on arts, creativity, or wellness that includes cultural context, inspires active participation, reflection, and application of new skills, perspectives, or ways of doing.

Platform – the entire e-learning and community system available through Jerne LLC including the website, backend functionality, operational services, support services, and any associated mobile applications

Instructor – a member who is registered as a creator to offer courses and events educating other members on a specific skill or knowledge area.  Instructors self-certify that they have the experience and credentials, if applicable, necessary to qualify as a subject matter expert and conduct themselves in a professional manner in their chosen area of focus.

Guide – a member who is registered as a creator to offer courses and events where they serve as a facilitator who leads and manages an experience designed for other members.  Guides self-certify that they have the experience necessary to successfully facilitate, lead, and manage the experience to industry standards of quality and professionalism.

Submitted Content – course and event content, community posts in the activity feed, interest groups, and discussion forums, and all associated communications.

Instructor Requirements

As an instructor or guide you are required to:

• Be the age of majority according to the laws of your country of residence.  Exceptions will be considered on a case by case basis and may require authorization of a parent or legal guardian and/or a supervised program.

• Be qualified to teach your proposed subject matter. You have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through the platform.

• Demonstrate skills and characteristics that lead to success teaching in an online format.

• Be available to work independently from government entities as a small business owner, sole proprietor, contractor, or consultant.  Applies only to instructors in Cuba.

• Not be listed on any restricted entities or persons list sanctioned by the US government.

Instructor Obligations

As an instructor or guide, you are responsible for your conduct as well as all content that you post known as Submitted Content including course and event content, community posts in the activity feed, interest groups, and discussion forums, and communications associated with Submitted Content.

You represent and warrant that:

• you will provide and maintain accurate account information including your administrative details, course content, event content and any other Submitted Content.

• you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Jerne LLC to use your Submitted Content as specified in these Terms of Service and the Terms of Use.

• your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights.

• you will ensure a quality of content and service that corresponds with the standards of your industry and instruction services in general.

• you will follow all applicable local laws including those for required licensure and taxes.

• you will provide all documents required to support compliance with regulations defined by your location of residence.

You warrant that you will not:

• post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.

• post or transmit information promoting political views, spiritual or religious beliefs other than as un-biased educational material included in a course curriculum, event program, approved journal contribution on the Explore page, or in facilitated cultural exchange discussions.

• post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the platform or to any member.

• use the platform for business other than providing coaching, teaching, and instructional services to members.

• engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording.

• frame or embed content from the platform (such as to embed a free version of a course) or otherwise circumvent the platform.

• impersonate another person or gain unauthorized access to another person’s account.

• interfere with or otherwise prevent other instructors from providing their services or courses.

• abuse Jerne LLC resources, including support services.

Use of Submitted Content

You grant Jerne LLC the right offer and market your posted content including courses and events and to sublicense it to enrolled members for these purposes. This includes the right to proof and edit written materials to improve quality and to add captions or otherwise modify content to ensure accessibility.

We may also use your Submitted Content for purposes of offering, delivering, marketing, promoting, demonstrating, and selling services, your courses and events, the Jərnē project, or Jerne LLC content.  You grant Jerne LLC permission to use your name, likeness, voice, and image in connection with these activities, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

You warrant that you will not distribute your Submitted Content published in paid courses or events on the Jərnē platform in whole or as part of a compilation to any other platform for free or a lower price than your course or event established base price.

Instructors and guides have the right to suspend and delete published courses from the platform.  When a written request is received, Jerne LLC has 30 days to respond and cease publication of the courses.  Any existing members enrolled will have access to complete their course before it will be suspended or deleted.

Jerne LLC has the right Jərnē Instructors and guides have the right to reschedule and cancel published events from the platform.  When a written request is received, Jerne LLC has 24 hours to respond and cease publication of the event.  Enrolled member management will follow the refund policy in effect as the time the event was initially published.

Jerne LLC has the right to approve, reject, and rotate events at their discretion based on quality, compliance, and performance. 

Policies

You agree to abide by Jerne LLC’s program quality standards and policies prescribed by Jerne LLC from time to time.  You are responsible for periodically checking these policies to ensure that you are in compliance with any updates.  You understand that your use of the platform is subject to Jerne LLC’s approval, and that we may grant of deny approval at our sole discretion.
We reserve the right to remove programs and events, suspend payouts, and/or ban instructors and guides for any reason at any time, without prior notice, including in cases where:

• an instructor, guide, or program does not comply with our policies or legal terms (including the Terms of Use).

• a program falls below our quality standards or has a negative impact on the member experience.

• an instructor or guide engages in behavior that might reflect unfavorably on Jerne LLC or bring Jerne LLC into public disrepute, contempt, scandal, or ridicule.

• an instructor or guide engages the services of a marketer or other business partner who violates Jerne LLC’s policies.

• as determined by Jerne LLC in its sole discretion.

Relationship with Jerne LLC

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

Relationship to Members

Instructors and guides do not have a direct contractual relationship with members enrolled in their courses and events.  You agree that you will not use member data you receive for any purpose other than providing your services to those members on the Jərnē platform, and that you will not solicit additional personal data or store members’ personal data outside the Jərnē platform. You will indemnify Jerne LLC against any claims arising from your use of members’ personal data.

Pricing

Instructors and guides select a base price for their courses and events or may choose to offer the program for free.  We provide a recommended list of price tiers based on the type and content of a program. Pricing outside of the recommended tiers may be subject to review.

Jerne LLC will not sell the instructor’s or guide’s program for free or a price lower than the base price without authorization by the instructor or guide.  This authorization may be on a course or event basis or as part of a promotional program in which the instructor or guide has enrolled.  We can, however, make course and events available for free to staff for purposes of testing and in order to review and audit for quality standards.

Revenue Share

Instructors will receive a percentage of the net sales revenue.  The exact percentage will be determined by the instructor’s designated group and by the percentage rates published in our Payment Policy in effect at the time that you submit your completed course or event for review.  Bonuses may be applied as part of promotional programs or performance rewards.

Calculations

Calculation of instructors’ revenue share is based on net sales revenue.  The amount is calculated as follows:

• Gross Sales – Transaction Fees = Net Sales
• Net Sales * Percentage = Instructor Share

Note that the amount received is subject to market exchange rates with wire fees subtracted when exchange rates and wire fees apply. 

(Instructor Share – Wire Fees)* Market Exchange Rate = Amount Received

Receiving Payments

We issue payments through Paypal, Transferwise, and Western Union.  Other payment arrangements are set up on a case by case basis. 

In order to receive payments in a timely manner, you must provide payment account details and keep us informed of the correct required contact details.  You must also provide any required identification or tax documentation.  We reserve the right to withhold payments or impose other penalties if we do not receive requested identification or tax documentation from you.  You understand and agree that you are ultimately responsible for any taxes on income.

Payment will be calculated monthly on the 15^th for all sales completed in the prior calendar month.  For example, on the 15^th of July, payment will be calculated for all sales completed June 1 – 30^th.  Transfers will be initiated on the 16^th.  If this falls on a weekend or bank holiday, the entire process or transfers may be delayed until the next business day.

We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

Refunds

You acknowledge and agree that members have the right to receive a refund in accordance with the Terms of Use.  Refunded amounts will be deducted when calculating payments due to you as an instructor or guide.

Updating Terms

We retain the right to change the Terms of Service as necessary to accommodate new developments.  As a standard, changes will be communicated in advance of the effective date except in rare instances where immediate change is mandated. 

Translations

Any version of these Terms of Service in a language other than English is provided for convenience.  You understand and agree that the English language version will be the record of source if there is a conflict.

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Privacy Policy

This privacy notice provides you with details of how we collect and process your personal data through your use of our Site https://jerne.co, including any information you may provide through our Site when you use our services.

Data we collect and why we collect it

To provide our services, we must process information about you. The types of information we collect depend on how you use our services.  When you sign up with us, we collect your name, email address, telephone number. We collect the content, communications, and other information you provide when you use our social network, including when you sign up for an account, create or share content, and message or communicate with others.

We collect information about your usage of our Services, such as the types of content you view or engage with, the features you use; the actions you take; the people or accounts you interact with; and the time, frequency, and duration of your activities. 

Information collected automatically when you use browse through our Website. We may collect certain information concerning your use of our Website to produce aggregated and anonymous reports concerning the use of our services. These reports may not personally identify you.

We may collect data about:

1. your device’s IP address, browser type, and version
2. Your usage by access time, frequency, and location.
3. Webpage you were visiting before you came to our Website
4. Pages of our Website that you visit

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Anything to add here?

What we do with your data

We will only use your personal data when legally permitted. The most common uses of your personal data are:

• Provide, personalize, and improve our Service
• Communicate with you.
• Keep and update our database and your accounts with us
• To ask for ratings and reviews of our services
• To personalize your experience (your information helps us to better respond to your individual needs)

Transferring Your Data For the European Union

Because we are in the United States, We process and store your information in the United States and our service providers may process and store it elsewhere.

If you are located outside the United States and choose to provide information to us, We transfer data to the United States for processing, and our service providers may process data in the United States and elsewhere. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the United States, we will protect it as described in this Privacy Policy.

When we transfer Personal Information from territories in the EEA or with similar laws to our affiliates or service providers in the United States and elsewhere outside the EEA, we rely on approved data transfer mechanisms, including standard contractual clauses approved by the European Commission and the Privacy Shield.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented.

We may request your explicit consent to the specific transfer if We deem it appropriate. You will have the right to withdraw this consent at any time.

Please email us at support@jernetravelstudio.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Billing and Payment

We use WooCommerce to process payment through PayPal. Correspondingly, all transactions are secured as our partners-payment providers use SSL encryption protection. All payment information is stored encrypted and securely by the payment services. We do not store your payment information on our servers.

Affiliates

We may disclose information about you to our affiliates to be able to offer you related or additional services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Privacy Policy.

Third Party Links

This Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every Website you visit.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Who we share your data with

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Occasionally, at our discretion, we may include or offer third-party products or services on our Website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these sites.

Disclosure of Data to Legal Authorities

We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:

• Compelled by court order, or other legal procedure;
• Disclosure is necessary to report suspected illegal activity;
• Disclosure is necessary to investigate violations of this Privacy Policy or our Terms of Service.

Children’s Privacy

We do not knowingly market or collect Personal Information from anyone under the age of 13 or knowingly allow such persons to register on our Site. If you are under 13, please do not send any information about yourself to us. No one under age 13 can provide any Personal Information to us. If we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us by emailing us at info@jerne.co.

How long we retain your data

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements  

By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.

In some circumstances, you can ask us to delete your data. In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

• Request access to your personal data.
• Request the correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request the transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please email us at info@jerne.co

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

Additional information

How we protect your data

We are committed to the security of your personal information provided by you to us. We have a variety of electronic and procedural actions implemented that are designed to safeguard your personal information. As there is always some element of risk when transmitting data electronically, we cannot guarantee the security of our databases. We do, however, use systems that are designed to minimize this risk.

Cookie Policy

What is Cookie?

A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that Website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyze traffic and for advertising and marketing purposes.

• Cookies are used by nearly all websites and do not harm your system.

If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site.

How do we use cookies?

We use cookies to track your use of our Website. This enables us to understand how you use the Site and track any patterns with regards to how you are using our Website. This helps us to develop and improve our Website as well as products and/or services in response to what you might need or want.

Cookies are either:

• Session cookies: These are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page, but they do not collect any personal data from your computer
• Persistent cookies: A persistent cookie is stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the Website that created it when you visit that Website again. We use persistent cookies for Google Analytics.

Cookies can also be categorized as follows:

• Strictly necessary cookies: These cookies are essential to enable you to use the Website effectively, such as when buying a product and/or service, and therefore cannot be turned off. Without these cookies, the services available to you on our Website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
• Performance cookies: These cookies enable us to monitor and improve the performance of our Website. For example, they allow us to count visits, identify traffic sources, and see which parts of the Site are most popular.
• Functionality cookies: These cookies allow our Website to remember the choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested, such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.

California Consumer Privacy Act Statement

If you are a California resident, the information below may apply to you in addition to our Privacy Policy. This Statement uses certain terms that have the meanings given to them by the California Consumer Privacy Act.

1. Categories of personal information collected – The personal information that We collect, or has collected from consumers in the twelve months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act, depending on which Our Service is used:
   • identifiers such as your name, address, phone numbers, or IP address;
   • geolocation data, such as the location of your device or computer;
   • inference data, such as information about your usage preference
2. Categories of personal information disclosed for a business purpose – The personal information that We disclosed about consumers for a business purpose in the twelve months prior to the effective date of this Disclosure fall into the following categories established by the California Consumer Privacy Act, depending on which Our Service is used:

• identifiers such as your name, address, phone numbers, or IP address,
• personal information, for third-party payment processor;

1. Right to Request Access to or Deletion of Personal Information: You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by Us, or access to or deletion of your personal information. If you wish to do any of these things, please contact us at support@jernetravelstudio.com. Depending on your data choices, certain services may be limited or unavailable.
2. No sale of personal information. In the twelve months prior to the effective date of this Disclosure, We have not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
3. No Discrimination. We will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.

Consent

By using this Site, you consent to our collection and use of your personal information as described in this Privacy Policy.

Updates and changes to this policy

We reserve the right, at any time, to add to, change, update, or modify this Policy to reflect changes in our Privacy Policy. We shall post any such changes on the Site in a conspicuous area. You may then choose whether you wish to accept said policy changes or discontinue using the Site. Any such change, update, or modification will be effective immediately after posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all its terms.

Contact

If you have any questions about this Policy or practices related to this Site, please feel contact us by emailing us at info@jerne.co.

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