Terms of Use ~ SchoolKiT edClass

End-User Terms of Use and Privacy Policy

End-User Terms of Use

ACCEPTANCE OF TERMS

By accessing and using this Web site ("Site"), you agree to the terms and conditions set forth herein ("Terms of Use"). SchoolKiT reserves the right to modify the Terms of Use at any time without notice to you. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

DESCRIPTION OF SERVICES

SchoolKiT's Web properties, including, but not limited to www.SchoolKiT.com, www.pdPoint.com, and www.edClass.com, provide you with access to a variety of resources, including content, software, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, and new features, are subject to the Terms of Use.

USE OF SITE

You may use the Services solely for personal, non-commercial purposes. No right or interest in any of the Services is transferred to you. SchoolKiT reserves complete title and full intellectual property rights to all Services. You may not alter, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

SOFTWARE ON THIS WEB SITE

Any software available for download from password-restricted areas of the Services ("Software") is the copyrighted work of SchoolKiT and/or its licensors. Use of the Software is governed by the terms of the subscription site license agreement ("Site License Agreement") that is provided to you when you purchase a license to a SchoolKiT product. To receive additional copies of this Site License Agreement, contact service@schoolkit.com or a SchoolKiT representative at any time. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the Site License Agreement. Any reproduction or redistribution of the Software not in accordance with the Site License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SITE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE SITE LICENSE AGREEMENT, SCHOOLKIT.COM, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SchoolKiT Corporation, Nine Lake Bellevue Drive, Suite 105, Bellevue, WA 98005.

DOCUMENTS ON THIS WEB SITE

Permission to use documents made available in non-password-protected areas of the Services (such as case studies, press releases, knowledge base articles, and FAQs) is granted, provided that (1) the following copyright notice: "© 2006 SchoolKiT.com Inc. All rights reserved." appears in all copies, (2) use of such Documents is only for informational and non-commercial or personal use, and (3) no modifications of any documents are made.

The documents specified above do not include the design or layout of the SchoolKiT.com Web site or any other SchoolKiT owned Web site. Elements of SchoolKiT Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SchoolKiT Web site may be copied or retransmitted unless expressly permitted by SchoolKiT.

DISCLAIMER OF WARRANTIES

SCHOOLKIT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. SCHOOLKIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES. SCHOOLKIT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. SCHOOLKIT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICES. THE SITE, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY

NO EVENT WILL SCHOOLKIT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SERVICES, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES, (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF SCHOOLKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SCHOOLKIT’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

MEMBER ACCOUNT AND PASSWORD SECURITY

Some Services provide you with access to licensed, password-restricted content. You are responsible for maintaining the confidentiality of your password and account information and for any and all activities that occur under your account. You agree to notify SchoolKiT immediately of any unauthorized use of your account or any other breach of security. SchoolKiT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SchoolKiT server, or the network(s) connected to any SchoolKiT server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SchoolKiT server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF COMMUNICATION FACILITIES

The Services may contain e-mail services, bulletin board services, chat areas, forums, communities, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Facilities"). You agree to use the Communication Facilities only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Facilities, you will not: (1) Use the Communication Facilities in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages, (2) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (3) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, (4) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, (5) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, (6) Upload files that contain viruses, Trojan horses, worms, time bombs, or any other similar software or programs that may damage the operation of another's computer or property of another, (7) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner, (8) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (9) Restrict or inhibit any other user from using and enjoying the Communication Facilities, (10) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, (11) Harvest or otherwise collect information about others, including e-mail addresses, (12) Violate any applicable laws or regulations, (13) Create a false identity for the purpose of misleading others, (14) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

SchoolKiT has no obligation to monitor the Communication Facilities. However, SchoolKiT reserves the right to review materials posted to the Communication Facilities and to remove any materials in its sole discretion. SchoolKiT reserves the right to terminate your access to any or all of the Communication Facilities at any time, without notice, for any reason whatsoever. SchoolKiT reserves the right at all times to disclose any information as SchoolKiT deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SchoolKiT's sole discretion.

Use caution when giving out any personally identifiable information about yourself or your family in any Communication Facilities. SchoolKiT does not control or endorse the content, messages or information found in any Communication Facilities. SchoolKiT specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in any Communication Facilities.

MATERIALS PROVIDED TO SCHOOLKIT OR POSTED AT ANY SCHOOLKIT WEB SITE

SchoolKiT does not claim ownership of the materials you provide to SchoolKiT (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting SchoolKiT permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all SchoolKiT Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. SchoolKiT is under no obligation to post or use any Submission you may provide and SchoolKiT may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, or pictures ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service@schoolkit.com.

LINKS TO AND FROM THIS SITE

SchoolKiT Services may provide links to other Web sites ("Linked Sites"). If you use these links you will leave SchoolKiT's web site. The Linked Sites are not under the control of SchoolKiT. SchoolKiT is not responsible for the availability of any such Linked Sites or the contents of any such Linked Site. SchoolKiT is providing these links solely as a convenience to you, and the inclusion of any link does not imply endorsement by SchoolKiT of the site.

You may not connect “deep links” to Web pages within SchoolKiT Services. For example, you man not create a link to this site that bypasses the Home page. You may not mirror or frame the home page or any other pages of the Services on any other web site or web page.

UNSOLICITED SUBMISSIONS

SchoolKiT does not want to receive and does not accept unsolicited ideas or proprietary information from you via the Services. You agree that any material, information, or data you transmit to us or post to the Services will be considered non-confidential and non-proprietary.

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Services without permission from the trademark owner, except as permitted by applicable law.

ACCEPTANCE OF TERMS

To use password-restricted areas of the Services, or to receive SchoolKiT newsletters, it is necessary for you to provide some personal information at registration and to maintain this information. This Privacy Policy explains why we collect this information, how it is used, and how it is protected. By accessing and using this Web site, you agree to the terms and conditions or this Privacy Policy.

WHAT PERSONAL INFORMATION IS COLLECTED

The information we collect depends on the type of use. Most importantly, we distinguish between personal and school accounts and whether the account will be used by a child under the age of 13. We do NOT collect information from children under the age of 13. Parents or legal guardians are required to set up accounts that will be used by minors. In such cases, guardian details are collected. The only optional child details that a guardian may choose to enter are the name of the child's school and a nominated email address for electronic newsletters and magazines.

Access to password-protected Services is usually purchased by state, district or school organizations. The organization then makes end-user accounts available to individuals within the organization who are authorized to use the password-protected Services. To establish entity accounts, we collect information about the organization as well as a nominated contact at the organization. Most of the information is not personal. We collect the organization's name, address, telephone, fax and email address. For the nominated contact at the organization, we collect name, position, telephone, fax and email address. Since an organization will typically have many staff, we need to know how to contact a person to coordinate the use of the Services at the organization as well as how to contact the organization in general.

To access password-protected Services, individuals require an account. To establish an individual account, the personal information we collect is name and email address. The individual account is linked to the parent (Entity) account.

To receive regular SchoolKiT newsletters, you will be required to provide us with an email address. To ensure that individuals can only subscribe themselves, the sign-up process includes a confirmation email sent to the nominated address. Members can unsubscribe from these newsletters at their own will.

HOW PERSONAL INFORMATION IS USED

Private information is used to identify individual accounts, provide the account owner with account details, such as passwords, and to provide technical and other support.

We track general statistical information about people visiting our site in order to determine the composition of our client base and to improve and better market our services. For example, we need to know what geographical areas members are coming from, what browsers are being used, and what response times are being experienced. Most importantly, this process does not involve recording personal information.

Some SchoolKiT products can include a facility that provides usage data to account administrators. For example, some organizations may purchase Services that include the ability to see when their authorized end-users have logged into the Services and which particular Services were accessed and used. This data is not provided to any other organization.

HOW PERSONAL INFORMATION IS PROTECTED

All personal information collected is kept in secure areas so as to minimize the risk of individually identifiable information being compromised. When such information is transferred over the Internet it is encrypted. We certify that all individually identifiable information is kept confidential. We do not sell or disclose any personal information about our users. Information users provide us at the time of registration or via the Account Manager is not distributed to any third party entities.

We make every effort to ensure that user information is correct and up-to-date. Members can change their information any time using the online Account Manager.

POLICY CHANGES

We reserve the right to revise our Privacy Policy. Notice of revisions will be posted here.

QUESTIONS, CONCERNS OR COMMENTS

Should you have any questions or concerns regarding this policy or any aspect of SchoolKiT's Services, please send email us at service@schoolkit.com.