1. Your use of our SkoolBag software "SkoolBag" (owned by the company Inside Idea LLC, hereby called as "InsideIdea" or "We") or any of the software subscription service offerings or other services offered on skoolbag.com, its sub domains including any off-line or third party components, data, lists, reports, dashboards, templates or services (collectively, the "Services") is subject to these Terms of Use (these "Terms"). If you do not agree to these Terms, you agree not to use or access the SkoolBag Services. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Your registration for, or use of, the Services shall be deemed to be your agreement to abide by these Terms. We may modify these Terms at any time without notice to you by posting revised terms on the www.skoolbag.com ("website"). Your use of the SkoolBag constitutes your binding acceptance of these Terms, including any modifications that we make. You are responsible for regularly reviewing these Terms.
2. Some of the Services may be subject to additional conditions either posted on the website or contained in ordering documents (such as subscription terms and prices, and license, user, and geographical restrictions). Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional conditions, the provisions of the additional conditions shall prevail.
3. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Notwithstanding the foregoing, in the event your access to the Services is terminated (other than by reason of your breach), we will make available to you a file of your data within 30 days of termination if you so request at the time of termination.
4. You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. You will not be able to opt out of receiving these service announcements and administrative messages while using the SkoolBag and Services and until you send us a specific written notice requesting the termination of your subscription and that your details be eliminated from the SkoolBag and any mailing list. You also understand that our Services may include advertisements.
1. InsideIdea hereby grants you a non-exclusive, non-transferable right to use the SkoolBag and Services for the term for which you have paid the applicable subscription fees ("License Term"), solely for your own internal business purposes, subject to these Terms. All rights not expressly granted to you are reserved by InsideIdea and/or its suppliers. If any subscription based Service is licensed on a "named user" basis, rights of any user licensed to utilize the Service cannot be shared or used by more than one individual. In addition, a user may not be transferred from one individual to another unless the original user no longer requires, and is no longer permitted, access to the Service.
2. If you are accessing the SkoolBag and Services bundled or otherwise provided in combination with or for use with a third party product or service ("OEM Application"), you have acquired a restricted license. You may use the SkoolBag and Services only in conjunction with the OEM Application with which access to the SkoolBag and Services was provided.
3. The SkoolBag includes a combination of content that we create, and that our users create. You may use the content on the SkoolBag only for your internal business purposes in connection with the Services and/or your licensed use of InsideIdea products. Except for the foregoing, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content on the SkoolBag in whole or in part.
4. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the SkoolBag or through the Service ("Your Content"). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership rights to use Your Content.
5. You warrant that you own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by us as described below, does not violate applicable law or the rights of any third party. You hereby grant us, our affiliates a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the SkoolBag and other related Internet sites for your users, (ii) processing Your Content in connection with providing the Services, (iii) distributing Your Content, either electronically or via other media, to your users seeking to download or otherwise acquire it, and/or (iv) storing or hosting Your Content in a remote database or on the SkoolBag for access by your users. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
6. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
InsideIdea shall own all rights, title and interests, including all intellectual property rights, in and to the SkoolBag and the Services, the software, materials and other content thereon and generated through the use thereof (excluding Your Content), and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the SkoolBag or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the SkoolBag, its content, or any intellectual property rights owned by InsideIdea. In addition, all content published on the SkoolBag, including, but not limited to, reports, presentations, written content, graphics, images, marks, logos, sound or video clips, and Flash or Java animation, are protected by our copyrights or trademarks or users.
1. The SkoolBag may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any use of such sites or content on them. Our inclusion on the SkoolBag of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
2. Some content may come from government sources, is in the public domain, and is not copyrightable. This information may be identified as source as may be used by you without restriction.
1. Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges, including applicable taxes, that you incur. Unless otherwise noted, all currency references are in U.S. dollars. If you are based outside the United States, you must submit purchase orders to the applicable local InsideIdea entity and you will be invoiced by such entity in applicable local currency. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges, subject to the specific conditions included where those Services are offered. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
2. Any amount payable by you to InsideIdea which is past due shall be subject to a late payment charge equal to one percent (1%) per month, or the highest rate permitted by law, whichever is less.
1. The Services shall terminate upon the expiration of the then current License Term, unless the term of the subscription is renewed. The Services shall be automatically renewed upon the expiration of the then current License Term, unless you give us written notice thirty (30) days prior to the end of the then current License Term, of your intention to terminate the Services. Fees at the time of automatic renewals shall be at the then-current Services rates. Notwithstanding the foregoing, Business Objects may immediately terminate or suspend your use of the Services provided hereunder, or terminate your account and these Terms if you (i) fail to pay any applicable fees when due, or (ii) breach or otherwise fail to comply with these Terms and fail to remedy this breach within thirty (30) days of being so notified. Business Objects may terminate any free account or Services at any time in its sole discretion without liability to you. You will continue to be charged for the fee-based Services during any period of suspension. Termination shall not relieve you from its obligation to pay fees that remain unpaid and shall not limit either party from pursuing other available remedies.
2. You may terminate any fee-based Services or reduce the number of users effective only upon the expiration of the then current term by notifying Business Objects in accordance with these Terms.
3. Upon termination by Business Objects of these Terms or any part thereof in accordance with these Terms as a result of your breach, negligence or default, Business Objects shall have no obligation to refund to you any fees paid by you. The provisions of this section shall not apply to those situations defined by law.
1. All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy and applicable privacy laws. Please go to http://www.skoolbag.com/privacy.html to see our full privacy policy. This policy is expressly incorporated into and a part of these Terms.
2. Because InsideIdea operates globally, you understand and agree that any personal information that you may provide may be processed by us and we may, for example, transfer such information within InsideIdea global operations. If it is necessary for the purposes for which you have shared personal information with us for us to share your information within InsideIdea global operations, we will do so consistent with our privacy policy.
1. You hereby agree to indemnify, defend and hold InsideIdea and all of our officers, directors, owners, employees, agents, affiliates, suppliers, partners and licensors (collectively, the "InsideIdea Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any InsideIdea Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of:
2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
1. We disclaim any responsibility for the deletion, loss or damage, destruction, the failure to store, the misdelivery, or the untimely delivery of any content, information or material. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund or any other damages as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our SkoolBag, problems inherent in the use of the Internet and electronic communications, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
2. THE SITE AND THE SERVICES, ITS SOFTWARE, CONTENT AND OTHER MATERIALS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS OR PARTNERS MAKE ANY WARRANTY OR REPRESENTATION THAT (i) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIALS THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, SUPPLIERS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES OR THE SITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE SITE AND THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR INACCURACY, ERROR OR OMISSIONS IN YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND THE SERVICES.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE GREATER OF US$1000 OR THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
3. SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY AND THAT OF OUR AFFILIATES, SUPPLIERS AND PARTNERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any dispute arising out of or relating to these Terms or the SkoolBag will be finally settled by arbitration, except that we may bring an action in a court of competent jurisdiction with respect to any dispute affecting our intellectual property rights whether statutory or contractual. The arbitration will be conducted in accordance with the commercial arbitration rules (the "Rules") of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in birmingham,alabama, United States, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. All arbitration proceedings will be conducted in English by a single arbitrator selected under the Rules who must be a lawyer and fluent in English. The arbitrator has no authority to award damages in excess of those permitted in these Terms for any reason. Any award in excess of such limitation will be deemed void as between the parties.
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