This Agreement was last revised on April 15, 2013.
Use of Our Service
Membership in the Service is available to schools that have enrolled with WizDemy and their teachers, students and parents.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Service is not available to any Users previously removed from the Service by WizDemy.
This Agreement refers to Student and Instructor accounts collectively as "Member" accounts. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Members – for instance, Instructor accounts may have different features and functionality than Student accounts. If you open a Member account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User's account without permission. When creating your account, you must provide accurate and complete information, including your first and last name. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify WizDemy immediately of any breach of security or unauthorized use of your account. WizDemy will not be liable for any losses caused by any unauthorized use of your account.
You consent to our using your email address on file with the Service to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail, and to send you notifications of activity on the Service. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your "Account Settings" page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the WizDemy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service or use of the Service or the content therein.
WizDemy may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in WizDemy's sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
All aspects of the Service are subject to change or elimination at WizDemy's sole discretion. WizDemy reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that WizDemy will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other WizDemy Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WizDemy shall have no liability for your interactions with other Users, or for any User's action or inaction.
Areas of the Service allow Users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that WizDemy does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. WizDemy reserves the right, but is not obligated, to reject and/or remove any User Content that WizDemy believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
You are at least 18 years of age and have not been previously removed from the Service, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your User Content and WizDemy's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
WizDemy takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that WizDemy shall not be liable for any damages you allege to incur as a result of such User Content.
User Content License Grant
You retain ownership of all User Content you submit, post, display or otherwise make available on the Service. You hereby grant each User in your Class a license to use your User Content in conjunction with participation in the Class and as permitted through the functionality of the Service. If you would like WizDemy to remove any or all of your User Content, please contact us at [email protected]
End User License Grant
WizDemy Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. WizDemy reserves all rights not expressly granted herein in the Service and the WizDemy Content (as defined below). WizDemy may terminate this license at any time for any reason or no reason.
WizDemy acknowledges that certain information about the University's students is contained in records maintained by WizDemy and that this information can be confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) and related University policies unless valid consent is obtained from the University's students or their legal guardians. Both parties agree to protect these records in accordance with FERPA and University policy. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities. The University shall advise WizDemy whenever any University students have provided consent to release information to an extent broader than as provided for by FERPA or University policy.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of WizDemy and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WizDemy Content. Use of the WizDemy Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WizDemy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Certain aspects of the Service may allow you to obtain ratings or other data relating to your use of the Service (collectively the "WizDemy Property"). You acknowledge that you do not own the account you use to access the Service and that ,regardless of terminology used, WizDemy Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at WizDemy's sole discretion. WizDemy Property is not redeemable for any sum of money or monetary value from WizDemy at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of WizDemy on WizDemy servers, including without limitation any data representing or embodying any or all of your WizDemy Property. You agree that WizDemy has the absolute right to manage, regulate, control, modify and/or eliminate WizDemy Property as it sees fit in its sole discretion, in any general or specific case, and that WizDemy will have no liability to you based on its exercise of such right. All data on WizDemy's servers are subject to deletion, alteration or transfer. notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on WizDemy's servers, may be deleted, altered, moved or transferred at any time for any reason in WizDemy's sole discretion, with or without notice and with no liability of any kind. WizDemy does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on WizDemy's servers.
WizDemy cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
It is WizDemy's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify WizDemy's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit WizDemy to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, WizDemy Technologies, Inc.
Email: [email protected]
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
Please note that this procedure is exclusively for notifying WizDemy and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WizDemy's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, WizDemy has adopted a policy of terminating, in appropriate circumstances and at WizDemy's sole discretion, members who are deemed to be repeat infringers. WizDemy may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If anyone brings a claim against WizDemy or its affiliates, officers, employees, agents partners or licensors related to your actions or User Content on the Service, or actions or User Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
the service is provided on an "as is" and "as available" basis. use of the service is at your own risk. to the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. no advice or information, whether oral or written, obtained by you from WizDemy or through the service will create any warranty not expressly stated herein. without limiting the foregoing, WizDemy, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. WizDemy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the WizDemy service or any hyperlinked website or service, and WizDemy will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall WizDemy, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will WizDemy be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, WizDemy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall WizDemy, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to WizDemy hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WizDemy has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from its facilities in the United States. WizDemy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WizDemy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law You agree that: (i) the Service shall be deemed solely based in Chennai; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over WizDemy, either specific or general, in jurisdictions other than Chennai. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and WizDemy that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Chennai, unless submitted to arbitration as set forth in the following paragraph.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WizDemy may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by WizDemy in our sole discretion. WizDemy reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. WizDemy is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.
This Agreement, together with any amendments and additional agreements you may enter into with WizDemy in connection with the Service, shall constitute the entire agreement between you and WizDemy concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and WizDemy's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.