Terms of Use

Cloudschool Pty Ltd

Terms of Use Agreement

Last Modified: October 13, 2014

Welcome

Thanks for using our Cloudschool products and services (“Services”). The Services are provided by Cloud School Pty Ltd (“Cloud School”). By using our Services, you are agreeing to these terms. Please read them carefully.

A summary of our attitude toward your privacy

1. Your trust is of the utmost importance to us and we will never betray it
2. We are dedicated to users in the Cloudschool.org community
3. Your personal data and the content you create is yours
4. Your private data is private
5. Your data is protected by our security measures
6. You can share your data with the people you choose

1. General

(a) The Cloudschool software (including our web and mobile applications), interfaces, content and any data that came with your Cloudschool application and account ("Cloudschool Software”), that may be updated or replaced by feature enhancements or software updates provided by Cloudschool ("Cloudschool Software Updates"), whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Cloudschool for use only under the terms of this agreement. Cloudschool and its licensors retain ownership of the Cloudschool Software itself and reserve all rights not expressly granted to you.

(b) Cloudschool may make available future Cloudschool Software Updates. These may not necessarily include all existing software features or new features that Cloudschool releases across all platforms and devices compatible with the Cloudschool Software. The Terms of this agreement will govern any Cloudschool Software Updates that replace and/or supplement the Original Cloudschool Software product, unless such Cloudschool Software Update is accompanied by a separate agreement in which case the terms of that agreement will govern.

2. Using Our Services

(a) Subject to the terms of this agreement, you (via a unique user “Account”) are granted a limited non-exclusive license to use the (a) Subject to the terms of this agreement, you (via a unique user “Account”) are granted a limited non-exclusive license to use the Cloudschool Software on any compatible device. This agreement does not grant you any rights to use Cloudschool proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Cloudschool Software. Some of those rights may be available under separate licenses from Cloudschool. For more information on developing third party devices, accessories and software for Cloudschool products, please email contact@cloudschool.org. 

(b) Subject to the terms of this agreement, you are granted a limited non-exclusive license to download Cloudschool Software Updates that may be made available by Cloudschool for your unique Account to update or restore the software on any such device that you own or control. 

(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Cloudschool Software or any services provided by the Cloudschool system, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open source components that may be included with the Cloudschool Software).

(d) By storing content on your Cloudschool account you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Cloudschool Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

(e) You agree to use the Cloudschool Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Cloudschool Software and Services.

(f) Use of and access to the Cloudschool Software will require you to apply for a unique username and password combination, known as a Cloudschool Account (“Account”). In addition, you acknowledge that many features and Services of the Cloudschool Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(g) Use of and access to certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination. In addition, you acknowledge that certain Services transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(h) In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Software on any compatible device. This agreement does not grant you any rights to use Cloudschool proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Cloudschool Software. Some of those rights may be available under separate licenses from Cloudschool. For more information on developing third party devices, accessories and software for Cloudschool products, please email contact@cloudschool.org. 

(b) Subject to the terms of this agreement, you are granted a limited non-exclusive license to download Cloudschool Software Updates that may be made available by Cloudschool for your unique Account to update or restore the software on any such device that you own or control. 

(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this statement), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Cloudschool Software or any services provided by the Cloudschool system, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open source components that may be included with the Cloudschool Software).

(d) By storing content on your Cloudschool.org account you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Cloudschool Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

(e) You agree to use the Cloudschool Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Cloudschool Software and Services.

(f) Use of and access to the Cloudschool Software will require you to apply for a unique username and password combination, known as a Cloudschool.org Account (“Account”). In addition, you acknowledge that many features and Services of the Cloudschool Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(g) Use of and access to certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination. In addition, you acknowledge that certain Services transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(h) In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

3. Transfer

You may not rent, lease, lend, sell, redistribute, or sublicense the Cloudschool Software. You may however, permanently transfer your entire Cloudschool.org account details including all associated account data to another person.

4. Data and Sharing

(a) Use of Diagnostic and Usage Data. Cloudschool and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your Cloudschool Software and Account details, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Cloudschool Software, and to verify compliance with the terms of this License. Cloudschool may use this information, as long as it is collected and stored in a form that does not personally identify you, to provide and improve Cloudschool’s products and services. 

(b) You acknowledge that use of your Cloudschool Software may transmit data and could impact charges to your data plan, and that you are responsible for any such charges. 

(c) You acknowledge that data stored in your Cloudschool Software is also duplicated (“Backed-Up”) on the Google App Engine® Cloud Platform where although every effort is made by Cloudschool to protect the integrity and security of that data, its ultimate security cannot be and is not guaranteed by Cloudschool.

(d) The creation of a Cloudschool.org account requires a Wi-Fi or cellular data connection.

(e) The Cloudschool Software allows you to submit, upload and create data and content. You retain ownership of any intellectual property rights that you hold in that data and content. 

(f) Sharing Courses and associated data. The Course Sharing feature of the Cloudschool Software (“Sharing”) requires a Wi-Fi or cellular data connection. Your use of Sharing is subject to your compliance with Section 2(d) and 2(e) above. You understand that your Account Username, First Name, Last Name, Profile image, Country and State will be displayed to the other party with whom you share the Course. In the case of the Course being shared to a Public Library, you understand that your Account Username, First Name, Last Name, Profile image, Country and State will be displayed to all Cloudschool.org account holders who wish to browse the Public Library.

(g) Objectionable Content. In accordance with Section 6, Cloudschool reserves the right to suspend or terminate the Account of any user who is found to be using the Cloudschool Software in any way for the distribution of content which is deemed by Cloudschool to be offensive, indecent, objectionable or unsolicited (“Objectionable Content”).

(h) Misuse. Cloudschool may at its sole discretion suspend the account of a user who has been found to be misusing the Cloudschool Software in any way deemed as misuse by Cloudschool. Cloudschool will make all reasonable attempts to contact the suspended account holder to verify the circumstances of the misuse before permanently deleting the Account data.

(i) If Objectionable Content is shared to you in any way including but not limited to the Course Sharing feature; the Username, First Name and Last Name of the sender should be reported to Cloudschool via email to: support@cloudschool.org

(j) The “Sharing” and “Editing” features associated with your Cloudschool Software require a Wi-Fi or cellular data connection. Cloudschool cannot and does not guarantee 100% uptime availability of these services. Cloud School will attempt to notify account holders of planned downtime for scheduled maintenance via the registered email address provided upon creation of the account.

(k) Privacy Statement. At all times your data and information will be treated in accordance with Cloudschool’s Privacy Statement, which is incorporated by reference into this agreement and can be viewed at: http://class.cloudschool.org/privacy-statement 

5. Services and Third Party Materials.

(a) The Cloudschool Software may enable access to third party applications and web sites (collectively and individually, "Services"). Such Services may not be available in all languages or in all countries. Use of these Services may require Internet access and use of certain Services may require additional account authentcation or similar, or may require you to accept additional terms and may be subject to additional fees. 

(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, content that may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Cloudschool shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(c) Certain Services may display, include or make available content, data, information, Applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Cloudschool is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Cloudschool, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. The ability to link to Third Party Materials and link to other web sites is provided solely as a convenience to you.

(d) In addition, Services and Third Party Materials that may be accessed, linked to or displayed by the Cloudschool Software are not available in all languages or in all countries or regions. Cloudschool makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Cloudschool and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Cloudschool be liable for the removal of or disabling of access to any such Services.

6. Termination.

The terms of this agreement are effective until terminated. Your rights under this agreement will terminate automatically or otherwise cease to be effective without notice from Cloudschool if you fail to comply with any term(s) of this agreement. Upon termination, you shall cease all use of the Cloudschool Software. Sections 4, 5, 6, 7, 8, 9, 11 and 12 of this agreement shall survive any such termination.

7. Disclaimer of Warranties.

(a) If you are a customer who is a consumer (someone who uses the Cloudschool Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

(b) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CLOUDSCHOOL SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE CLOUDSCHOOL SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLOUDSCHOOL SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CLOUDSCHOOL AND CLOUDSCHOOL'S LICENSORS (COLLECTIVELY REFERRED TO AS "CLOUDSCHOOL" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CLOUDSCHOOL SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

(d) CLOUDSCHOOL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CLOUDSCHOOL SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE CLOUDSCHOOL SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CLOUDSCHOOL SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE CLOUDSCHOOL SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE CLOUDSCHOOL SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. 

(e) YOU FURTHER ACKNOWLEDGE THAT THE CLOUDSCHOOL SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CLOUDSCHOOL SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLOUDSCHOOL OR A CLOUDSCHOOL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability.

(a) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUDSCHOOL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CLOUDSCHOOL SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE CLOUDSCHOOL SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CLOUDSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

(b) In no event shall Cloudschool's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of thirty dollars (U.S.$ 30.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. The Use of the Cloudschool Software and Associated Content for Monetary Gain.

Cloudschool acknowledges that situations may arise where a Cloudschool Software user or any other person may, by means not provided by Cloudschool or the Cloudschool Software, accept money for services related to, or the distribution of content created by, the Cloudschool Software. Examples of this include without limitation; financial transactions associated with the Sharing of Courses and participation in instructional courses not provided by, certified by or endorsed by Cloudschool or it’s affiliates. Cloudschool hereby acknowledges the possibility of these situations and Cloudschool, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person involved in these situations.

11. Controlling Law and Severability.

These terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia excluding its conflict of law principles. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this agreement will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect.

12. Complete Agreement; Governing Language.

This agreement constitutes the entire agreement between you and Cloudschool relating to the Cloudschool Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by Cloudschool. Any translation of this agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this agreement shall govern, to the extent not prohibited by local law in your jurisdiction.