Date of last revision of this policy: May 1st, 2012
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.
Edsby has been created by and is managed by CoreFour Inc. This Site provides a set of distinct online communities. Each community on Edsby is intended for use by the direct stakeholders of a specific education organization such as a school or school district. Direct stakeholders of an education organization include the teachers, administrative staff, students and their parents/guardians.
User accounts for a specific education organization on Edsby are created by or under the direction/invitation of the administrative staff and/or teachers of that education organization. Parents/guardians and students are not allowed to create their own accounts on Edsby; they are only allowed to use authorized accounts set up specifically for them at the direction of the education organization they are participating in.
You are permitted to access a specific Edsby education organization community ONLY if you have been specifically and directly invited and authorized to do so by the administrative staff and/or a teacher within that education organization.
3. Scope of Use
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website in any form or media. The systematic retrieval of data from the Website is also prohibited.
4. Copyrights and Trademarks
The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from use on any other website, transfer or sell any information obtained from this Site without the prior written permission of CoreFour Inc.
CoreFour Inc. respects the intellectual property rights of others and expects users of Edsby to do the same. You are not allowed to publish content on this Site that infringes on someone else’s Copyright. The policy of CoreFour Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
6. No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to CoreFour Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from the Site through harvesting or automated means is prohibited. Posting or transmitting advertising or other such promotional materials or forms of solicitations to other users of this Site is prohibited unless authorized by CoreFour Inc. or an administrator at your education organization.
8. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CoreFour Inc. EXPRESSLY DISCLAIMS. CoreFour Inc. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND CoreFour Inc. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CoreFour Inc. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
9. Governing Law, Location and Miscellaneous
10. Separate Agreements
11. User Disputes
You are solely responsible for your interactions with other users on the Site. CoreFour Inc. reserves the right, but has no obligation, to monitor disputes between you and other users.
12. User Submissions and Communications
CoreFour Inc. reserves the right (but is not obligated) to do any or all of the following:
Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Monitor and share with your education organization any communication in any shared area of the Site
Delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards. CoreFour Inc. has full discretion to delete communications on the Site.
CoreFour Inc. reserves the right to take any action it deems necessary to protect the personal safety of our customers, users, employees or the public. CoreFour Inc. has no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
14. Limitation of Liability
YOUR USE OF THE CONTENT OF THIS SITE IS AT YOUR OWN RISK. CoreFour Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CoreFour Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CoreFour Inc. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
16. User Accounts And Security
CoreFour Inc. does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
select or use a Login Name of another person with the intent to impersonate that person;
use a name subject to the rights of any other person without authorisation;
use a Login Name that CoreFour Inc., in its sole discretion, deems inappropriate or offensive.
You shall notify CoreFour Inc. of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at CoreFour Inc.’s sole discretion, and you may be reported to appropriate law-enforcement agencies.