Contents
Terms of Service
THESE TERMS OF SERVICE (Terms of Service) ARE A LEGAL AGREEMENT BETWEEN YOU AND CROWDMARK, INC. (Crowdmark). These Terms of Service govern your access to and use of the Crowdmark Community.
BY SELECTING “I AGREE”, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services.
Your access and use of the Services and your handling of Content must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and Crowdmark may (but has no obligation to) terminate these Terms of Service and/or your ability to access or use the Services at any time.
The Consolidated Message
- The publishing of any student identifiable information via the Crowdmark Community is prohibited.
- The Crowdmark Community portal is hosted by a 3rd party provider that is located in the United States.
- The Crowdmark Community is a professional space. Content that is deemed unlawful, disrespectful or otherwise objectionable will violate these terms of Service, and access to the Crowdmark Community may be revoked. You also acknowledge that by using the Crowdmark Community, you may be exposed to Content that you might consider to be inappropriate. Crowdmark is not responsible for, and does not pre-screen, Content posted to the Crowdmark Community. Best practices are to be kind, respectful and collaborative.
1. Changes to the Terms of Service
Legal Crowdmark may change these Terms of Service from time to time without notice to you. Your continued use of the Services after any such change shall constitute your acceptance of such change. You are responsible for regularly reviewing the most current version of the Terms of Service for the Crowdmark Community, which is currently available at: crowdmark.com/legal/.
2. Content
- You retain your ownership in and to Content you submit, post or upload to the Crowdmark Community, and your use of the platform does not transfer any ownership from you to Crowdmark.
- You acknowledge and agree that as between you and Crowdmark, Crowdmark and its licensors have and retain all right, title and interest (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Crowdmark Community, including any code underlying the Platform. You acquire no rights whatsoever in or to all or any part of the platform or Crowdmark Community’s Content, except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you in these Terms of Service are reserved to Crowdmark and its licensors.
- You may choose to submit comments, corrections, recommendations, suggestions or other ideas to Crowdmark via the Crowdmark Community, including about how to improve the Services (Feedback). By providing Feedback to Crowdmark, whether direct or indirect through social channels such as twitter and facebook, and community portals such as the Community Platform, you agree that: your provision of such Feedback is free of charge, unsolicited and without restriction; Crowdmark can use or disclose to any third-party the Feedback without any additional compensation to you; and Crowdmark owns all rights and interest in such Feedback. Crowdmark does not waive any rights to use any Feedback or similar Feedback developed or obtained by Crowdmark.
- You acknowledge that by using the Services you may be exposed to Content that might be unlawful, or that you might consider to be offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. Crowdmark is not responsible for, and does not pre-screen, Content posted to the Crowdmark Community, and is not responsible for the Content accessed or made available to you through the Platform.
- You understand that the technical processing and transmission of the Services, including the processing and transmission of Content uploaded, posted, or submitted to the Services from your account, may be transferred and unencrypted and may involve: (i) transmissions over various networks both within and outside of Canada; and (ii) changes to such Content to conform and adapt to technical requirements of connecting networks or devices.
Crowdmark has the right (but not the obligation) in its sole discretion to refuse or remove any Content. Crowdmark may (but has no obligation to) remove Content, and terminate accounts for any reason whatsoever, including accounts containing Content that Crowdmark determines, in its sole discretion, to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Crowdmark determines in its sole discretion to: (i) be libellous, defamatory, pornographic, obscene, or otherwise objectionable; and (ii) violate these Terms of Service or any third party’s intellectual property rights). - You represent that: (i) you own all right, title and interest, including copyright, in and to any Content uploaded, posted or submitted to the Platform through your account; or (ii) you have permission to upload, post, or submit any Content to the Platform uploaded, posted or submitted through your account; or (iii) you have rights in the Content uploaded, posted or submitted to the Platform necessary to grant the rights contemplated in these Terms of Service.
3. Crowdmark Community Membership
- Crowdmark hereby grants users with an active and paid “Instructor” role via the Crowdmark Platform (www.crowdmark.com) free access to the Crowdmark Community, subject to the terms and conditions of these Terms of Service. Access includes a revocable, world-wide, limited, non-exclusive, personal, non-transferable and non-assignable membership account within the Crowdmark Community.
- Crowdmark shall make the Crowdmark Community available to you via Internet access, and the Platform will be maintained on computer servers in the United States. You acknowledge that Crowdmark uses third party service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Crowdmark Community
- You must provide your full name, a valid email address, and any other information requested (Registration Information) in order to register with the Crowdmark Community, and create an account to access and use the Services; alternatively, you can access the Crowdmark Community though the “single sign-on” option via your Crowdmark Dashboard. You may not maintain more than one account for the Platform. Each account login may only be used by one person – a single login shared by multiple people is not permitted. You hereby consent to Crowdmark’s collection and use of your Registration Information, and to Crowdmark’s use and disclosure of Registration Information to third parties (including Crowdmark’s third party service providers), for the purposes of administering your account and the use of the Platform through your account in accordance with the Privacy Policy.
- When you complete the account creation and registration process, you will create a login and password for your account. You are responsible for maintaining the security of your password and account. You are solely responsible and liable for your account and for any use of the Platform and any Content accessed, or made available to others, through your account (even if such Content is accessed, or made available, by others). Crowdmark is not, and will not, be responsible for any loss or damages resulting from your failure to comply with this obligation. Crowdmark encourages you to use a strong password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. You agree to immediately notify Crowdmark if you become aware of any unauthorized use of your account or your account login or password.
- You hereby represent, warrant and confirm that you can form a binding contract with Crowdmark, that your use of the Services is in full compliance with the law of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services under Canadian law or any other applicable laws globally
4. Restrictions on Use
- You must not use the Services: (i) to engage in any illegal or unauthorized purpose, including in any way that violates laws applicable in Canada or other laws applicable to you, or in any manner that is inconsistent, or could be inconsistent, with applicable local, provincial/state, and national laws and regulations; (ii) in any way that violates or infringes the copyrights, rights of privacy or publicity, or any other rights of any person including sharing personally identifiable information of any Crowdmark stakeholders; (iii) to impersonate or misrepresent your affiliation with any person or entity; (iv) to engage in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Crowdmark customer, employee, member, or officer or any user of the Platform or (v) to upload, post or submit Content, or otherwise make available to others using the Platform: (A) any material that is libelous, defamatory, pornographic, obscene, offensive harassing or otherwise actionable or objectionable material in Crowdmark’s sole opinion; (B) any unsolicited message or unauthorized advertising or promotional material or any junk mail, spam or chain letters or messages through e-mail, or any short message service or multimedia message service; (C) any worms, viruses, Trojan horses, scripts, spiders, bots or similar means to harvest or collect information, or any computer code or files of a destructive, disabling or interfering nature (collectively, Viruses), or any Content that contains any of the foregoing; or (D) any material that is in a way that is detrimental to the operation of the Services or that could damage, disable or overburden the Services, or that is detrimental to the access or use of the Services by anyone else, which restriction applies to any use that interferes or attempts to interfere with the normal operations of the Platform, including by hacking, deleting, augmenting or altering the Crowdmark Community in any way, or posting any academic materials accessed through Crowdmark or the Crowdmark Community to third-party websites.
- You must not, without Crowdmark’s prior written permission (including the permissions granted by these Terms of Service): (i) access or search, or attempt to access or search, the Platform by any means (automated or otherwise) except through Crowdmark’s available interfaces and your account; (ii) copy, distribute (including by framing any of the Platform on any website), modify, enhance, translate, reproduce, alter, tamper with, repair, sell, resell, sub-license, rent, lease, or otherwise attempt to exploit the Services; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to discover the code (except to the extent that this restriction is expressly prohibited by law) underlying the Services; (iv) make derivative works of the Platform; or (v) modify another website to falsely imply that it is associated with the Platform, Crowdmark or any other Crowdmark products or services.
5. Privacy
- Crowdmark’s privacy policy, currently available at: crowdmark.com/privacy/ (the Privacy Policy) is hereby incorporated into, and forms part of, these Terms of Service. By accessing and using the Platform you are consenting to (or promising that you have obtained appropriate consent for) Crowdmark’s collection and use of your personal information in accordance with Crowdmark’s Privacy Policy.
- The Crowdmark Community is a gated-public community that is accessible to Instructors with current access to Crowdmark. The publishing of any student identifiable information via the Community is prohibited.
- Your use of the Crowdmark Community is entirely at your own risk. You acknowledge that the internet is not a secure medium, and privacy and confidentiality cannot be guaranteed. To assist in protecting Crowdmark Community users privacy, the sharing of any personally identifiable information pertaining to any Crowdmark customer – faculty, administrator, student, or otherwise – is not permitted.
- Crowdmark and its affiliates and licensors are not, and will not be, responsible for any damages you or a third party may suffer as a result of your use of the Crowdmark Community (including, without limitation, any use of content or other materials or information you access from or provide to the Crowdmark Community, directly or indirectly, through the services) or for any incompleteness, errors, security, viruses, bugs, problems, omissions, inaccuracies, or other limitations in the services or any content, or interruptions in the services.
6. Cancellation of Account
If you choose to cancel your Crowdmark Community account, you can do so by making a request to privacy@crowdmark.com. Once received, your account will be deleted by a Community Administrator. Content will remain on the platform, and associated to a “Deleted User”. Once the account is deleted, you will no longer be able to access the Crowdmark Community. Crowdmark is not responsible for the loss of any Content due to your cancellation of your account.
7. Disclaimers
- The services are provided to you “as is” and on an “as available” basis, with all faults and without any warranties, representations or conditions of any kind, including with respect to availability, capability, viruses, disabling devices or other code that manifests destructive properties.
- To the fullest extent permitted by applicable law, Crowdmark makes no, and disclaims any and all, warranties, representations and conditions of any kind with respect to quality, accuracy, usefulness, suitability, security, reliability, completeness, quiet enjoyment or timelines of the services or any content, whether express, implied or collateral, including without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the services are or will be secure, complete or free off errors, viruses, bugs, problems or other limitations or will operate without interruption.
8. Acknowledgement
You expressly acknowledge and confirm that the content license and the limitations and exclusions contained in these Terms of Service are fair and reasonable in the circumstances, and that Crowdmark would not have entered into these Terms of Service and licensed the services but for your provision of the content license and your agreement to such limitations and exclusions
9. Indemnification
You hereby agree to indemnify Crowdmark or its licensors, subsidiaries, affiliates, and related companies, and each of their respective officers, directors, employees, shareholders, agents, representatives, business partners, information providers and licensors and their respective successors and assigns (together Crowdmark Entities) harmless from and against all losses, expenses, damages, liabilities, expenses and costs, including reasonable legal fees, suffered by any of the Crowdmark Entities, directly or indirectly, resulting from: (a) your use of the Services; (b) the uploading, posting or submission of any Content to the Services through your account; and (c) your violation of these Terms of Service.
10. General
- The provisions of these Terms of Service shall survive the termination of these Terms of Service. The failure of Crowdmark to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver of any right or provision of these Terms of Service shall be deemed a further or continuing waiver of such right or provision.
- If any provision of these Terms of Service is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
- You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party without the prior written consent of Crowdmark. Crowdmark may assign the Terms of Service or its rights or obligations under these Terms of Service to any party at any time without notice to you. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and Crowdmark and your/its respective successors (including any successor by reason of amalgamation) and assigns.
- These Terms of Service are governed, interpreted and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without giving effect to any principles of conflicts of laws contained therein, and you hereby consent and submit to the exclusive jurisdiction of the Courts of Ontario. These laws apply to your access to, or use of, the Services, notwithstanding your domicile, residency or physical location. The Platform is intended for use only in jurisdictions where they may lawfully be offered for use. You and Crowdmark specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
- It is the express wish of the parties to these Terms of Service that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
- If you have any questions or concerns about these Terms of Service, the practices of Crowdmark or your dealings with Crowdmark, you may contact a representative of Crowdmark by e-mail to legal@crowdmark.com
Terms of Service last updated: July 8, 2022..
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