Our Legal Jargon
See below for all you need to know about using Wormhole and how we keep your information safe.
Terms & Conditions
Welcome to Wormholejournal.com dba Wormhole (“the Site,” “the service,” “services”, “us,” “we”, "our", "company", "website"). The Site is operated by Learner Oak, LLC (the "Company," "we," “our” or "us”). By accessing or using our Site or services you signify that you have read, understand, and agree to be bound by these Terms and Conditions ("Terms and Conditions or “Agreement"), regardless of whether you are a registered user of the Site. By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our services.
Any new features, content or services which are added, at our sole discretion, shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on January 1, 2021.
Section 1 – Account Creation
You need an account for most services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account. Users under the age of 13 must receive parental consent to create an account and use the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
Section 2 - Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal noncommercial, private use. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service, including without limitation on any other website or networked computer environment, except as specifically allowed in this Agreement. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service and educational content.
2.2. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service or remove certain content without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
2.3. You expressly agree that the content of the Service may be viewed and accessed only by end users (i.e., you), and not by any other website or web publisher (e.g., you assisting in the “scraping” of content is express forbidden).
Section 3 - Intellectual Property.
3.1. Unless otherwise specified in writing, all materials and educational content that are part of the Service are owned, controlled, or licensed by Company and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including without limitation all visual content, audio visual content, text (including without limitation, exam and survey questions) (the “Content”), and the arrangement, sequence, structure, and organization of the Service, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Wormhole’s logos are trademarks of Company and may not be used without the express written permission of Company. You do not acquire any ownership rights by using the Service or downloading material from the Service, you have during this Agreement only the limited right to use the Service for your personal education.
3.2. If you elect to submit to Company any essay or other works of authorship or comments, artwork, feedback, suggestions, ideas and other submissions in connection with your use of or otherwise relating to the Service, whether in writing or orally (collectively, “Submissions,”), you agree in consideration of your use of the Service that Company may use such Submission (including reproduce, distribute, perform and display), modify such Submission, and act on such Submission (by executing on an idea, practicing a process, making, offering and selling a product, or creating further ideas, processes or products from or incorporating your Suggestion), in each case without owing any royalty or otherwise accounting to you, and you agree to not assert any right you may have in such Suggestion against Company or any party Company authorizes to act on the foregoing rights or any successor-in-interest to Company. You agree such rights may be exercised or further authorized anywhere in the world and will survive any termination of your account(s), the Service, or this Agreement. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity.
Section 6 – Explicit Content Disclaimer. The Content, Submissions, and other information on the Site will necessarily engage with explicit content, including sexual violence, addiction, domestic violence, and other potentially triggering content. User discretion is advised. To the extent possible, Wormhole will attempt to flag especially graphic or intense content. Wormhole will do its best to make this a platform where it’s Users can engage, empathetically and thoughtfully with difficult content.
Section 7 - Disclaimers; Limitations; Waivers of Liability.
7.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WORMHOLE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE WORMHOLE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE WORMHOLE PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
7.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 - Release. Unless you are a governmental organization, you forever release, discharge, and covenant not to sue the Wormhole Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Wormhole Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Wormhole Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 9 - Indemnification. You agree at all times to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, causes of action, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or related to your our service, your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 - Third Party Sites and Products. Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 - Governing Law and Dispute Resolution. These Terms and Conditions and any separate Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of Texas. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hidalgo County and waive any objection to such jurisdiction or venue.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Texas, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Hidalgo County, Texas. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Hidalgo County, Texas with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS OR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 12 – Severability. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 - Miscellaneous. Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with the Company relating to the Service. This Agreement contains the entire understanding of you and Company and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 15 - Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 16 – Entire Agreement.
The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 17 – Contact Information
Questions about the Terms and Conditions should be sent to us at email@example.com
What Personal Information Do We Collect?
As part of our website and services, you may be asked to provide certain information about you and we may collect information automatically through your usage. We collect personal information that you provide or input on the site, including:
• Name, date of birth and contact information, including your phone number and email address;
• Login details, including email address, username and password;
• Social media account information, and profile image, including YouTube or Vimeo
• Information in correspondence with us
• Payment information, including your address and account information,
• Demographic information;
• Pictures, video, and other user uploaded or submitted content;
• Location data, if user chooses to share that information
We may also receive information if you chose to link or sign up using a third-party service account (such as Facebook), including personal data, such as your user ID, name, e-mail address, profile picture/avatar page posts, fan counts, engagement and comments that are available through API integrations with the third-party service you use for signing into the Service.
How Do We Use Your Personal Information?
Personal data you provide to the Service. We may use the personal data you provide to the Service for the following purposes:
• To set up and maintain your registration with the Service;
• To communicate with you;
• To tailor our content and information that we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experience with our Service.
• To provide features available in the Service;
• To develop, improve, and protect the Service;
• For direct marketing and market research, including for example reading recommendations and targeted marketing, in accordance with applicable law;
• To use user content as part of our Service as well as advertising and marketing campaigns to promote the services • To comply with applicable legal obligations, including responding to a subpoena or court order • To enforce our terms, conditions and policies
• To prevent and investigate fraud and other misuses; and
• To protect our rights and/or our property.
Data collected automatically. We may use the data collected automatically for the following purposes:
• To manage the Service;
• To provide features available in the Service;
• To personalize the Service. In particular, cookies may be used for providing us information on the content you’ve shared in social media after or before registering to the Service. We may use this information to provide you with advertiser content recommendations;
• To develop, improve, and protect the Service;
• For market research and data analysis, including for example reading recommendations and behavioral targeting and targeted marketing, in accordance with applicable law;
• To audit and analyze the Service; and
• To ensure the technical functionality and security of the Service.
Do We Ever Share Your Personal Information with Third-Parties?
We share the information we collect as follows:
Legal Disclosures. We may disclose a Service user’s information (including personal information) where we believe that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a warrant or administrative request, a court or regulatory order, or other valid legal processes. We may also disclose personal information where we believe it is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service for our Service, to detect fraud, for assistance with a delinquent account, as evidence in litigation in which we are involved, or to protect the safety and/or security of our users, the Service or the general public.
Service Providers. We may employ independent contractors, vendors and suppliers to provide specific services related to the Service, such as hosting and maintaining the Service, providing payment processing and fraud screening, data analysis, and developing applications for the Service, email services and marketing enrichment services. We may disclose a Service user’s information to these service providers as necessary for those service providers to provide their service.
Social Media Sharing. If a user chooses to share information or other content and feedback through social media outlets, such as YouTube, Vimeo, Facebook, Instagram and Twitter, third parties may receive information about a user’s experience on the Service.
Aggregate and De-Identified Information. We may also provide aggregate, anonymous or deidentified information about users and the Service for marketing and research purposes. For example, we might inform third parties regarding the number of unique users who visit the Service, the demographic breakdown of our registered users of the Service, and the educational progress of categories of users.
What Privacy Protections are there for third-party links used on the website?
Content and information posted by the Company may contain links to other sites, including those of our business partners or affiliates. While we seek to link only to sites that share our high standards and respect for privacy and security, we are not responsible for the privacy practices used by other sites.
How do we respond to “Do Not Track” Signals?
Are There Any Age Restrictions for Use of the Company’s Services?
You must be at least 18 years old or older to gain access to our website or our services. This website is not intended for those who are under 18 years old. The Company does not knowingly collect any information from anyone who is under 18 years of age and does so in compliance with the Children’s Online Privacy Protection Act. This website, as well as its contents and services, is directed solely to individuals who are at least 18 years old.
If we learn we have collected Personal Data from a child under 18 without parental consent, we will delete that information, unless we are legally obligated to retain such data. If you have any reason to believe we may have unknowingly collected data from a minor under the age of 18, please immediately send us an email at firstname.lastname@example.org.
What Rights do You have?
You have the following rights with respect to the personal data we hold about you:
• The right to know what data we hold about you: You can contact us at email@example.com to review the personal data you have provided to the Service. We seek to swiftly respond to your inquiry. We may charge a small processing fee if less than twelve (12) months has passed since your last inquiry relating to personal data we hold about you.
• The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. The easiest way to correct, delete, or update the personal data you have provided to the Service is to access your profile settings and enter the necessary changes there. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at firstname.lastname@example.org. • The right to opt out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at email@example.com.
What Additional Rights Do Nevada Users Have?
Under the Nevada Privacy Law (SB220), certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
Wormhole does not sell your personally identifiable information. However, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing firstname.lastname@example.org. If our policy on selling personal identifiable information changes, we will honor your request.
What Additional Rights Do California Users Have?
The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past twelve (12) months, including:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting your personal information;
• The categories of third parties with whom we have shared your personal information; and
• The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
• Provide you with a good or service, or otherwise perform a contract between us and you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Fix our system in the case of a bug;
• Protect the free speech rights of you or other users;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
• Comply with a legal obligation; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You have the right to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclose to third parties for their own direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, you may write to us at email@example.com. Please include your full name and email address associated with your use of our services, along with why you are writing, so that we can process your request in an efficient manner.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
What Additional Rights do EAA Residents Have?
If you are resident outside the United States, including in the EEA; European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), we transfer Personal Data provided by you for processing in the United States, including Personal Information sent via emails or when you create an account. Under the GDPR, we are considered a “controller” and a “coprocessor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of using the service, website or mobile application, you consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and us for your use of the website or mobile application.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Rights of EEA Residents
All processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents is to provide them with the features and functionalities of our website and mobile application and information regarding our services. The legal basis for collecting Personal Data is because it is necessary for performance of a contract between us to provide you with the website and mobile application and its related features and functionality. We also rely on your consent to receive information about our services. You may withdraw consent from receiving marketing and promotional communications by clicking the “Update Email Preferences” link on the communication. If EEA Residents do not provide Personal Data to us or withdraw consent for processing such Personal Data, we may not be able to provide such residents with certain features or functionalities of the website or mobile application or information regarding the services, including processing payments.
If you are an EEA resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at firstname.lastname@example.org.
Additionally, if you are an EEA resident, we are hereby notifying you that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States.
Security of Transmission of Personal Information and Risks Related to the Internet
Our website and mobile application have security measures in place to help protect against the loss, theft, misuse and unauthorized access, disclosure, alteration and destruction of the information under the company’s control. The website uses no encryption (data scrambling) on certain portions of the website, but does use encryption on portions where you are transmitting financial information, such as credit card information. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Although every effort is made to ensure no one else will view, seize or obtain your information, complete confidentiality and security is not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss and alteration. The company, its agents, administrators, employees and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and all such communications will be made at your own risk.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer ("SSL") technology for all financial transactions conducted through the website or mobile application.
Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures.
How Are Users Notified of Any Changes to this Policy?
How Can I Contact the Company Regarding this Policy?