This User Agreement (the “Agreement”) is a legal agreement between you and WorldVuze Inc. (“WorldVuze”) respecting your use of WorldVuze services as described herein and on WorldVuze’s website. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this agreement, please contact us at firstname.lastname@example.org.
- “Profile” means the information you provide to WorldVuze described in Section 2.2(b) and (c) below.
- “Services” means the services described in Section 2.1 below.
- “Teacher” means an accredited teacher, associated with an accredited school, who creates an account with WorldVuze to access the Services.
- “Student” means a student in the Class of a Teacher, who creates an account with WorldVuze to access the Services.
- “Class” means a class taught by a Teacher, for which the Teacher has created a class code on the Services so that Students may create individual accounts associated with the class.
- The Services
- What they are. WorldVuze will provide Teachers and Students with the ability, through access to its website, to: (a) interact with other Teachers and Students around the world by asking and answering questions related to various topics, including social, cultural and economic states, (b) search topics and questions asked, (c) obtain limited analytic aggregate information respecting topics and questions discussed on the WorldVuze website. The Services are provided subject to the terms and conditions of this Agreement.
- Registration and Other Preliminaries to Accessing the Services.
If you are a Teacher, in order to use the Services, you must:
- provide up-to-date, complete and accurate registration information, including your first and last name, your school name, your geographic location and/or address, and your valid email address;
- provide up-to-date, complete and accurate information respecting your Class, including grade level;
- choose a class code for your Class to access the Services;
- monitor and be responsible for your Students’ access to the Services, including verifying that Students have parental consent to use the Services;
- where you wish to access Services requiring payment, provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
- be at all times in compliance with the terms and conditions of this Agreement and applicable law.
If you are a Student, in order to use the Services, you must:
- make sure that you have your parent’s or guardian’s consent to use the Services and, where you are a minor, have your parent or guardian agree to this Agreement;
- provide the class code that is associated with your Class;
- provide up-to-date, complete and accurate registration information, including your first and last name, age, gender, and password;
- choose a user name and avatar to be associated with your use of the Services; and
- be at all times in compliance with the terms and conditions of this Agreement and applicable law.
You specifically agree that WorldVuze may rely on the accuracy of the information provided by you to WorldVuze, and that WorldVuze will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to WorldVuze.
- User IDs. WorldVuze provides you with the ability to create a user ID and password (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you to obtain access to the Services using the Access Information. WorldVuze is not responsible or liable in any way for any use of the Services (authorized or unauthorized) by anyone accessing the Services using your Access Information, and you accept all responsibility for such use of the Services and any consequences resulting from such use of the Services.
- Suspension of Services. WorldVuze reserves the right to change, suspend or discontinue the Services or any part of the Services at any time, including the availability of any feature or content, account access, or any promotion offered by WorldVuze. WorldVuze may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.
- Use Services at Your Own Risk. As the content in the Services is created by you, and by many other people over whom WorldVuze has no control, you acknowledge that your use of the Services may result in access to references to third parties, links to third party websites or documents, and other third party information. Third party websites, documents, information, opinions, advice or statements (including those made by users of the Services) are not under the control of WorldVuze, and WorldVuze is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, copyright compliance, legality, decency, or any other aspect of their content. All content is provided on an “AS IS” basis, and although WorldVuze will make reasonable attempts to respond to content complaints in a timely manner, WorldVuze makes no warranties or guarantees whatsoever that content that is offensive to any one particular user will be removed.
- License Grant. You hereby grant WorldVuze a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Submissions in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Submissions through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your Submissions, including the right to grant additional licenses to your content. You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Rules for Using the Services
- Your Obligations. Your use of the Services is conditional upon you following the rules below. Without limiting the below restrictions, you agree not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.
- Keep your Access Information to yourself.
You will not permit anyone other than you, as an individual, to obtain access to the Services through your WorldVuze account or otherwise using your Access Information.
- Use the Services in a legal manner.
You must only use the Services in accordance with this Agreement and applicable law, and you represent and warrant that you have the right and the authority to enter into this Agreement and to use the Services. You must comply with the terms and conditions of any agreements entered into between you and any third party (including without limitation Internet service providers), and to the extent that such agreements impose additional restrictions respecting your use of the Services (whether by reason of usage limitations or otherwise), you will use the Services in compliance with such restrictions.
- Be truthful and accurate.
You must ensure that any information that is provided to WorldVuze pursuant to this Agreement is true, accurate, current and complete.
- Get permission before you post content.
You must ensure that you have the right, and have obtained all relevant permissions, to provide WorldVuze with any content that you may post.
- Don’t use the Services to harm anyone or to commit crimes.
You must not in any way use the Services to harass, abuse, defame, defraud, or deceive any third party (including, if you’re a Teacher, your Students, and if you’re a Student, your Teacher, other Students or friends), or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any harassment, any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, any activities involving the exploitation of children, or any activities that violate any third party’s privacy rights.
- Be responsible.
You will be solely responsible for all activities with respect to the Services undertaken by you, including accessing and posting content.
- Use the Services only for your information.
You will use the Services only for personal and non-commercial purposes.
- Don’t harm any security or computer systems.
You will ensure that your use of the Services does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including WorldVuze and other users of the Services (including by ensuring that you do not upload any viruses or other harmful code in using the Services). This includes not: (i) taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfering or attempting to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypassing, circumventing or attempting to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) running any form of auto-responder or “spam” on the Services; (v) using manual or automated software, devices, or other processes to “crawl” or “spider” any page of our websites; (vi) harvesting or scraping any content from the Services; or (vii) otherwise taking any action in violation of our guidelines and policies.
- Don’t spam.
You must not make any Submissions that would constitute unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”).
- Help to investigate.
You will cooperate with WorldVuze and provide information requested by WorldVuze to assist WorldVuze and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.
- Privacy and Confidentiality
- Consent to Information Use. Additionally, by submitting personal information to WorldVuze pursuant to this Agreement, including without limitation your name and e-mail address, you consent to the collection, processing, transmission and disclosure of such information by WorldVuze for the purposes of WorldVuze’s provision of the Services and WorldVuze’s internal use and specifically the purposes for which such information has been requested. You specifically agree that WorldVuze may disclose such information to third parties to the limited extent necessary to provide you with the Services.
- Intellectual Property Rights
- Ownership of Intellectual Property. You acknowledge that the Services are owned by WorldVuze, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the Services. It is therefore your responsibility to fully comply with such laws in using and handling the Services.
- Rights in Intellectual Property. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Services, or any part thereof. Your only rights to the Services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Any rights not expressly granted under this Agreement are reserved.
- Third Party Intellectual Property. All intellectual property rights in third party content accessible through the Services are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content, and the unauthorized reproduction or distribution of such third party content is prohibited by applicable law.
- Disclaimer of Warranties
- No Warranty. THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WORLDVUZE ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL WORLDVUZE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THE SOFTWARE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- Your Sole Responsibility. WorldVuze has no special relationship with or fiduciary duty to you, and you acknowledge that WorldVuze has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation: (a) which users use the Services, (b) what content you or other users post on, or send through, the Services, (c) how you or any other user may interpret or use any content posted on or sent through the Services, or (d) what actions you or any third party may take as a result of use of the Services by you or any other user. WorldVuze makes no representations or warranties whatsoever concerning any data available through the Services, and WorldVuze will not be responsible or liable for in any way for any such data, including its accuracy, quality or reliability (whether in individual or aggregate form), or the timeliness or currency of any data obtained through the Services. You are solely responsible for evaluating whether the data obtainable through the Services suits your needs.
- Limitation of Liability
- Limited Damages Only. The only type of damages that can be recovered against WorldVuze arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising as a result of WorldVuze’s gross negligence or wilful misconduct. In no event shall the aggregate liability of WorldVuze exceed the amount paid by you for the portion of the Services that gave rise to the claim. WORLDVUZE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES.
- No Indirect Damages. EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORLDVUZE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, COMPUTER OR MOBILE DEVICE FAILURE, PROBLEMS, LOSS OR DAMAGE ASSOCIATED WITH ANY USE OF THE SERVICES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WORLDVUZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Your Responsibility to Indemnify. You agree to indemnify, defend and hold harmless WorldVuze, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (a) your use or misuse of the Services, (b) any breach of this Agreement by you, (c) the infringement by you, or any third party obtaining access to the Services using your Access Information, of any intellectual property or other right of any person or entity, or (d) your violation of any third-party rights or any applicable laws. WorldVuze reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WorldVuze, at your expense, in asserting any available defences.
- Termination by You. You may terminate this Agreement at any time upon notice to WorldVuze. Upon any termination of this Agreement for any reason (whether by you or by WorldVuze), you must cease all use of the Services.
- Termination by WorldVuze. WorldVuze reserves the right, in its sole and complete discretion, to revoke your authorization to use the Services at any time with or without cause, for any reason or no reason. Upon termination of your account, your right to use the Services, access any information through the Services, and use any materials obtainable through the Services will immediately cease. Any fees paid by you, if any, are non-refundable. All restrictions contained in this Agreement shall survive the termination of your right to use the Services.
- Additional Remedies. Without limiting other remedies, WorldVuze may limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) WorldVuze is unable to verify or authenticate any information you provide; or (c) WorldVuze believes that your actions may cause financial loss or legal liability for you, other users or WorldVuze.
- Legal Investigation. WorldVuze reserves the right to investigate suspected violations of this Agreement. You hereby authorize WorldVuze to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers and your Accounts in order to enforce the terms and conditions of this Agreement.
- Non-Exclusive Remedies. The above-described actions are not WorldVuze’s exclusive remedies and WorldVuze may take any other legal, equitable or technical action it deems appropriate in the circumstances. WorldVuze will not be liable for any damage caused by the termination of this Agreement.
- General Provisions
- Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement. However, WorldVuze reserves the right, in its sole discretion, to modify or replace any terms of this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our website or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. While WorldVuze will provide notice of modifications, it is also your responsibility to check this Agreement and any rules posted on the Services periodically for changes. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
- Governing Law. This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement or to any contracts relating to goods or services obtained through this site.
- Electronic Agreement. You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by WorldVuze to show your acceptance of this Agreement and/or your agreement to use the Services), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Invalidity of Provisions. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.
- English Language. It is the express will of the parties that this Agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
- Minors. If you are a minor and legally unable to enter into this Agreement because you are underage, you may not enter into this Agreement and use the Services unless your parent or guardian agrees to this Agreement on your behalf. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction that your use of the Services is allowed. If you are a parent or guardian of a Student, you acknowledge that you have carefully read and considered the provisions of this Agreement, consent to the Student’s use of the Services, and will be responsible in law for the Student’s use of the Services and compliance with this Agreement.
- Contacting WorldVuze. If you have any questions regarding this Agreement, or if you have any questions, complaints, claims or other legal concerns relating to WorldVuze or its business, please contact WorldVuze at: email@example.com