If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you suspect that someone else knows your password, you must change it immediately and you must notify DigitalEd of any unauthorized use of your password or account or any other breach of security by contacting DigitalEd either by telephone (519-747-2373) or by e-mail (firstname.lastname@example.org) as soon as possible and follow any instructions given to you. DigitalEd cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.
You agree that DigitalEd shall not be liable to you nor any third party for any termination of your account or access to the Services.
Products and Services: All products and services referred to through the Services are subject to the terms of the applicable Separate Agreement (as defined below) governing their use. The Services do not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation. DigitalEd software is provided subject to a DigitalEd Master Services Agreement (as defined below) and you agree that you will be bound by such License Agreement.
For example, the use of any software that is made available to download from any of the Services ("Software") is governed by the terms of the DigitalEd Master Services Agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Our License to use Your Content: You retain ownership over any content that you create within the Services (“Your Content”), expressly excluding any modifications, customization or manipulation of the educational content provided by DigitalEd and made available to you within the Services (“DigitalEd Content”). During the period that you use the Services, and solely for the purpose of and to the extent necessary to provide the Services to you, you grant to DigitalEd a nonexclusive, worldwide, non-transferable, non-sublicensable, limited license to Your Content.
When using or contributing to the Services you agree not to submit, upload, email or otherwise transmit, whether or not part of Your Content, any:
- Content that is unlawful, threatening, harmful, obscene, vulgar, tortuous, defamatory, slanderous, libelous, harassing, abusive, pornographic or sexually explicit;
- Content that abuses any person or group based on racial, ethnic or religious affiliation, national origin, physical disability or sexual orientation;
- Content that is likely to leave other users of the Services feeling harassed, threatened, bullied, stalked, intimidated or abused, or their privacy invaded;
- Content that impersonates any person or entity, including but not limited to, employees of DigitalEd, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Content promoting or endorsing any activity that is illegal or offensive;
- Content containing, or contain links to, files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
- Content that is “spam”, advertising or promotion of commercial services or products and or attempts to fundraise or solicit money from any other members or visitors to the Services;
- Content that infringes the rights of a third party (including, but not limited to, copyrights, trademarks, patents, rights of privacy and trade secrets); or
- Content containing hyper-links to other web sites that contain content that falls within the descriptions set forth above.
You further agree not to: use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Registered Member; delete or revise any material or other information of any other user of the Services; harvest, collect, or send information about others, including e-mail addresses, without their consent; take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted in connection with the Services; or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You acknowledge and additionally agree to the following:
- You may not submit, transmit, link to, or otherwise distribute any Content that does not generally pertain to the designated topic or theme of the particular forum or chat room.
- We reserve the right to stop any conduct that restricts or inhibits the community of members from fully utilizing and enjoying the Services.
DigitalEd reserves the right (but does not have the obligation) to review submissions on the Services, to remove any submissions, and to terminate your ability to submit in connection with the Services at any time without notice, in its sole discretion.
Interactive Features: Forums and Chat: When participating in any forum, chat or other interactive Service (each a "Forum"), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. DigitalEd and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.
When using a Forum, you may not submit, transmit, link to, or otherwise distribute any Content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that DigitalEd and its designees shall have the right in their sole discretion to edit, refuse to post, or remove any of Your Content, including, without limitation, Posts and/or to move such Posts to other areas of the Services. Without limiting the foregoing, DigitalEd and its designees shall have the right to remove any Posts that are in violation of the provisions hereof or otherwise objectionable. We reserve the right to revoke your membership and access to the Services without notice to you.
Misprints and Errors: We endeavor to provide current and accurate information on or through our Service. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. DigitalEd reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. DigitalEd is not obligated to sell products or services based on errors or misprints on any DigitalEd web site.
Copyright: Information on the Services, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the "Services Information") is protected under the copyright laws of Canada and other countries. Certain items of the Services Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any of the Services Information.
DigitalEd respects the intellectual property of others and we ask our users to do the same. Pursuant to the (U.S.) Digital Millennium Copyright Act, 17 U.S.C. 512, DigitalEd has designated an agent to receive notifications of alleged copyright infringement. DigitalEd has designated the following agent:
Attention: Copyright Agent
630 Weber Street North, Suite 100, Waterloo, Ontario Canada N2V 2N2
Phone: 519 746-5207 | Toll Free (Canada & USA): 1 888-355-4511
If you wish to notify DigitalEd of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by DigitalEd (whether submitted by you or a third party) in connection with the Services, you may contact DigitalEd as set forth above and request that we remove such materials. All such requests must include: (i) contact information for you, including name address, telephone number and/or email address; (ii) a description of the copyrighted work that you wish to have removed from the Services (the "Materials"); (iii) a description of where the Material is located on the Services - for logos, such description should include an image file name and/or URL link associated with the logo; (iv) a statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and (v) an electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner. Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from the Services.
Trademark: Unless otherwise indicated, all marks displayed on the Services are subject to DigitalEd’s trademark rights. All rights in the product names, company names, trade names, logos and designs of DigitalEd or a third-party, whether or not appearing with the trademark symbol, belong exclusively to DigitalEd or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.
Indemnity: You agree to indemnify and hold DigitalEd, its subsidiaries, affiliates, licensors, employees, agents, officers and directors (the "Indemnified Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim (whether by DigitalEd and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:
- your use of the Services;
- your connection or access to the Services;
- your violation of the rights of any other person or entity.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Data and Access Disclaimer: We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Services.
The Services are “As-Is”: USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS". DIGITALED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (the “DigitalEd Parties”) EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DIGITALED PARTIES DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF SERVICES OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DIGITALED PARTIES MAKE NO WARRANTY THAT (1) ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE; AND (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH DIGITALED WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation Of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DIGITALED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DIGITALED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE ANY OF THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES; OR (5) ANY SERVICES INFORMATION OR OTHER MATTER RELATING TO THE SERVICES OR DIGITALED.
System Outages: DigitalEd periodically schedules system downtime for maintenance and other purposes. Unplanned system outages in connection with the Services may also occur. You agree that DigitalEd shall have no liability whatsoever for (i) the resulting unavailability of the Services, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services
Third Party Web Site Disclaimer: Please note that certain links made available through the Services may take you to other web sites. Links to other web sites or other resources which are not created or controlled by DigitalEd ("Linked Sites") are intended for convenience only. Linked Sites are wholly independent from DigitalEd, therefore DigitalEd has no control over any products, services, materials, or other information contained in or available through these third party web sites. Therefore, access to any third party web sites through the Services, regardless of whether the third party web site is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. DigitalEd makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.
Assignment: You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. DigitalEd assign or delegate all rights and obligations under the DigitalEd without notice to you.
630 Weber Street North, Suite 100, Waterloo, Ontario Canada N2V 2N2
Phone: 519 746-5207 Toll Free (Canada & USA): 1 888-355-4511
International: +800 774 72373