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Terms of Service

By using the Edukate.com website (“Service”), or any services of Edukate, Inc (“Edukate”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If Edukate makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.edukate.com/terms

Violation of any of the terms below will result in the termination of your Account. While Edukate prohibits such conduct and Content on the Service, you understand and agree that Edukate cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

A. Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. Edukate cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You may not transfer your account to another individual under any circumstances.
  7. You are responsible for all Content posted and activity that occurs under your account.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. Cancellation and Termination

  1. You are solely responsible for properly canceling your account. A random email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by emailing support@edukate.com with the subject titled “Cancel My Account,” this cancellation request must come from the originating email the account was created with. Please allow for 48 hours for account cancellation.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
  3. Edukate, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Edukate service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Edukate reserves the right to refuse service to anyone for any reason at any time.

C. Modifications to the Service and Prices

  1. Edukate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Edukate Site (Edukate.com) or the Service itself.
  3. Edukate shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

D. Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by creating an account you agree to share your information with our organization.
  2. You shall defend Edukate against any claim, demand, suit or proceeding made or brought against Edukate by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Edukate for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Edukate in connection with any such claim, demand, suit or proceeding; provided, that Edukate (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Edukate of all liability); and (c) provides to You all reasonable assistance, at Your expense.
  3. The look and feel of the Service is copyright ©2019 Edukate Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Edukate.
  4. Learning content on our site may be provided by other entities, when using our service You agree to not duplicate, copy or reuse any portion of their content without their express written permission.
  5. You agree to only provide content to the Service that you own and that is licensed for distribution in the manner and scope provided by the Service.
  6. If you are the author or assignee of Content and you feel your copyright is being infringed, you may file a DMCA takedown notice by emailing dmca@edukate.com with the following information:
    1. The complete URL of the allegedly infringing Content;
    2. A statement of the ownership of this Content;
    3. Your contact information, including first and last name, company (if applicable), phone, and email;
    4. The source of the offending content (e.g. the url where you originally published the Content);
    5. A statement that:

I swear under penalty of perjury that I have reasonable good faith belief that use of the material in the manner specified above is not authorized by me, the company I represent, its agents, or the law. The information provided herein is accurate to the best of my knowledge.

E. General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Support for Edukate services is only available in English, via email.
  3. You understand that Edukate uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Edukate, or any other Edukate service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Edukate.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Edukate customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Edukate) of other Edukate customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. Edukate does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that Edukate shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Edukate has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of Edukate to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Edukate and govern your use of the Service, superseding any prior agreements between you and Edukate (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Florida law.
  15. Any personal information submitted in connection with your use of the Service is subject to our privacy policy found at https://www.edukate.com/privacy-policy.
  16. You should exercise caution when accessing the Service from public or shared computers so that others are not able to access your personal information.
  17. Questions about the Terms of Service should be sent to support@edukate.com.
  18. Khan Academy Videos and Content are subject to copyright by Khan Academy their Terms of Service and the videos to the Creative Commons license.
  19. Legal questions or concerns should be sent to support@edukate.com or legal@edukate.com.
  20. Edukate requests that anyone with information about a violation of this Terms of Service report it via email to the following address: support@edukate.com. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.

Last Update: 09-January 2019

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