3. USING THE SERVICE. The Service allows users to organize their resource, resources from the web and present them using our technology. To use the Service, you must first create an account on our Site with a unique user name and password. You are responsible for all use of the Service that occurs under your user account.
4. CONSENT TO MAKE YOUR LESSONS PUBLIC.
- Consent to use the web resource collected on your lessons when lessons are marked as public.
- Consent to Receive Periodic Messages from Us. As part of the Service, we sometimes cause administrative messages to be sent to users to explain or assist in providing the Service. We may send other messages as well, including promotional messages.
- Stopping communication. If you do not want to receive any email messages via our Service, you may respond to any message with the instructions provided with the message.
5. NO LIABILITY FOR YOUR MESSAGE CONTENT. We assume no liability whatsoever for the content of the resource you use at the Service. If you use the Service to present information that could allow someone to determine the location or a identity of a child remove it from the lessons. Notwithstanding the foregoing, we reserve the right to block any resource that we reasonably believe may subject us, our service providers or our users to liability.
6. FEES. Currently, we offer a free service, by-the-project, monthly unlimited and annual unlimited subscriptions. We reserve the right to change the cost of services at the end of the subscription contract. Free services may change in the future and we do not guarantee ongoing free access to the Service.
7. YOUR CONTENT; LICENSE.
- As between you and us, you own all intellectual property rights in any text, graphical, video or other content you on the form of Google Documents, Dropbox or Local Resources or otherwise submit to or through our Service (“Your Content”).
- You hereby grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, distribute and modify Your Content in order to make the Service and its features available to you and other users if you make your creations public. You agree that we may distribute, display, and make available Your Content from lessons in accordance with the description of our Service on our Site.
- You represent and warrant that you either own, or have all rights and permissions necessary to submit, Your Content for distribution to other users through our Service, including any links and images you include in Your Content.
- Upon termination of this Agreement for any reason, we will delete Your Content from our Site. We have no obligation to make Your Content available to you after termination.
8. YOUR OBLIGATIONS WHEN USING THE SERVICE. You agree not to:
- falsify your identify in regards to your role or occupation as a Student or Teacher;
- use any robot, spider, data gathering, scraping or extraction tool or similar mechanism to access or attempt to view or obtain data from our Service;
- include anything in Your Content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third parties, including their rights of privacy and publicity;
- include in Your Content any material that is obscene, illegal, threatening, or defamatory, or that contains software viruses, commercial solicitations, political campaigning, or any other form of “spam”;
- interfere or attempt to interfere with the Service or any other user’s access to the site;
- reverse engineer, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of the Service (including any feature, widget or application made available through the Service);
- use resources through the Service from users who have not consented to share such resources;
- use the service in violation of any applicable law; or
- violate any agreement with your wireless service provider in connection with using the Service.
9. OUR INTELLECTUAL PROPERTY RIGHTS.
- Except for Your Content (and content posted by other users), all text, graphics, logos, icons, and other content on the Service is the property of CREATOMbuilder, Inc. or our suppliers, and protected by United States and international copyright laws.
- The technology we use to provide the Service, including without limitation software code or executables that we may make available to you in connection with using the Service, is the exclusive property of CREATOMbuilder, Inc and our suppliers.
12. DISCLAIMER OF WARRANTIES. WE PROVIDE THE SERVICE (AND ANY CONTENT, FEATURES, APPLICATIONS, OR PRODUCTS OFFERED OR MADE AVAILBLE THROUGH THE SERVICE) “AS IS.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, NOR DO WE GUARANTEE THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE OR SECURE. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Certain state laws do not allow limitations on implied warranties; if those laws apply to you, some or all of the disclaimers above may not apply to you, and you may have additional rights.
13. LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $100 (OR, IF GREATER THAN $100, THE AMOUNT OF FEES YOU HAVE PAID TO US FOR THE SERVICE DURING THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM). Certain state laws may not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you, and you may have additional rights.