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CoreFour Inc.’s Terms of Use for Edsby

Date of last revision of this policy: May 1st, 2012

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

This document contains the Terms of Use governing your access to and use of Edsby (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site.

Also, please consult our Privacy Policy at http://www.edsby.com/privacy-policy. If you do not agree to be bound by the terms in our Privacy Policy then do not use this Site.

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

Edsby has been created by and is managed by CoreFour Inc. This Site provides a set of distinct online communities. Each community on Edsby is intended for use by the direct stakeholders of a specific education organization such as a school or school district. Direct stakeholders of an education organization include the teachers, administrative staff, students and their parents/guardians.

User accounts for a specific education organization on Edsby are created by or under the direction/invitation of the administrative staff and/or teachers of that education organization. Parents/guardians and students are not allowed to create their own accounts on Edsby; they are only allowed to use authorized accounts set up specifically for them at the direction of the education organization they are participating in.

You are permitted to access a specific Edsby education organization community ONLY if you have been specifically and directly invited and authorized to do so by the administrative staff and/or a teacher within that education organization.

2. Changes to these Terms of Use

CoreFour Inc. may, at any time, for any reason and without notice, make changes to this Website, including its look, feel, format, features, content and/or Terms of Use. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Scope of Use 

You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website in any form or media. The systematic retrieval of data from the Website is also prohibited.

You agree not to submit or transmit any content, files, videos, photos, web links or other materials to the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. CoreFour Inc. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

4. Copyrights and Trademarks 

The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from use on any other website, transfer or sell any information obtained from this Site without the prior written permission of CoreFour Inc.

CoreFour Inc. respects the intellectual property rights of others and expects users of Edsby to do the same. You are not allowed to publish content on this Site that infringes on someone else’s Copyright.  The policy of CoreFour Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at intellectual_property@corefour.com

5.  Links

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only.  However, CoreFour Inc. does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Site. These Terms of Use policy applies only to CoreFour Inc.’s Site.  If you decide to access any of the third party sites linked to this Site, you do so at your own risk. CoreFour Inc. reserves the right to terminate any link or linking program at any time. CoreFour Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites.

6.  No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to CoreFour Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

7.  Spamming

Gathering email addresses from the Site through harvesting or automated means is prohibited. Posting or transmitting advertising or other such promotional materials or forms of solicitations to other users of this Site is prohibited unless authorized by CoreFour Inc. or an administrator at your education organization.

8.  No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CoreFour Inc. EXPRESSLY DISCLAIMS. CoreFour Inc. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND CoreFour Inc. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CoreFour Inc. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

9.  Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

10. Separate Agreements

You may have other agreements with CoreFour Inc. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with CoreFour Inc.

11. User Disputes

You are solely responsible for your interactions with other users on the Site. CoreFour Inc. reserves the right, but has no obligation, to monitor disputes between you and other users.

12. User Submissions and Communications 

Users will be held directly and solely responsible for the content they post on the Site. You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post on the Site; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify CoreFour Inc. or its affiliates for all claims resulting from content you supply.

For any content that you post on the Site you grant CoreFour Inc. a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, publish, translate, distribute, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed subject to the restrictions of our privacy policy.

CoreFour Inc. reserves the right (but is not obligated) to do any or all of the following:

Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

Terminate a user’s access to any or all portions of the Site upon any breach of these Terms of Use.

Monitor and share with your education organization any communication in any shared area of the Site

Delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards. CoreFour Inc. has full discretion to delete communications on the Site.

CoreFour Inc. reserves the right to take any action it deems necessary to protect the personal safety of our customers, users, employees or the public. CoreFour Inc. has no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.

13. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any CoreFour Inc. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. 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 arbitration shall be held in the province of Ontario.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

14.  Limitation of Liability

YOUR USE OF THE CONTENT OF THIS SITE IS AT YOUR OWN RISK. CoreFour Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CoreFour Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CoreFour Inc. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

15. Indemnity

You agree to defend, indemnify, and hold CoreFour Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

16. User Accounts And Security

CoreFour Inc. does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

You may not:

select or use a Login Name of another person with the intent to impersonate that person;

use a name subject to the rights of any other person without authorisation;

use a Login Name that CoreFour Inc., in its sole discretion, deems inappropriate or offensive.

You shall notify CoreFour Inc. of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at CoreFour Inc.’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at terms_of_use@corefour.com

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