THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND EDCITE INC (hereinafter “Edcite”) GOVERNING YOUR USE OF EDCITE ONLINE EDUCATION SOFTWARE (hereinafter “Edcite Service” or "Service").
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the terms, do not use the Edcite Service. You accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms, or by actually using the Service.
Description of Service
We provide services for online education to teachers, tutors, parents and other educators and content creators. The Edcite Service consists of tools and content to enable interactive and other educational exercises and content that can be used by students in their learning.
Use of the Service
You may use the Service for teaching or learning for personal or business purposes. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and all equipment necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Shared content is accessible to all users of the Edcite Service. By sharing content you certify that you have all required copyright permissions to shared content, and permit use of the shared content by all users of the Edcite Service.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.edcite.com/help/ServiceTOS.html. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Service. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Edcite has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Edcite may terminate your user account and refuse current or future use of any or all of the Service.
Personal Information and Privacy
Personal information you provide to Edcite through the Service is governed by the Edcite Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Edcite Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@edcite.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Communications from Edcite
The Service may include certain communications from Edcite, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Service; (ii) upload or input any copyrighted material for ; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Service for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Except for content explicitly shared by you, your use of the Service does not grant Edcite the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Edcite’s commercial, marketing or any similar purpose. But you grant Edcite permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account for the purpose of providing the Service to you.
Any content shared by you will be accessible to all users of the Edcite Service. By sharing content you certify that you have all required copyright permissions to shared content, and permit use of the shared content by all users of the Edcite Service. You agree that Edcite at its own discretion may delay access to shared content to allow time to ensure content does not contain objectionable material. Edcite reserves the right to remove, or restrict access to, content that is in violation of copyright law or contains objectionable material.
User Generated Content
You may transmit or publish content created by you using the Service or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Service, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on the Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Edcite will have the right to block access to or remove such content made available by you, if Edcite receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Edcite for this purpose.
For the procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Service, see the copyrights page. If you wish to protest any blocking or removal of content by Edcite, you may do so in the manner described on the copyrights page..
Sample files and Applications
Edcite may provide sample files and applications for the purpose of demonstrating the possibility of using the Service effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Edcite makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Trademark
Edcite, Edcite logo, the names of individual Service and their logos are trademarks of Edcite Inc. You agree not to display or use, in any manner, the Edcite trademarks, without Edcite’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE Service IS AT YOUR SOLE RISK. THE SERVICE ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. EDCITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDCITE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM EDCITE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT EDCITE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF EDCITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EDCITE RELATED TO THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL EDCITE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Edcite, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by Edcite.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Edcite may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@edcite.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to the Service, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at legal@edcite.com .
Last updated on: 16th January, 2013.