Welcome to Digibooks Live Classroom. These terms of service (“Service Terms”), are between Digibooks (also referred to as “DIGIBOOKS,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). Your use of and access to the website and Digibooks Classroom service and associated software (collectively, the "Services") of Sorting DIGIBOOKS " A way towards easy learning " ("Digibooks") is conditioned upon your compliance with and acceptance of these terms, which include your agreement to arbitrate claims.
Use of the Services requires one or more compatible devices, Internet access, and certain software. And may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and are to be procured at your own cost.
Service under these Service Terms shall include Classroom Service along with the associated features, links and software and standard updates to the Services that are made generally available by Digibooks during the term (together “Services”). Digibooks may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Digibooks may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Digibooks makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided as is, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
Grant of license
Use of services, your responsibilities and conduct
You may only use the Services pursuant to the Service Terms. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
Registration - You may be required to provide information about yourself in order to register for and/or use the Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.
- Your Content and Conduct - You agree that you are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Copyright law and other Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the Content to Digibooks Classroom and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Digibooks be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Digibooks is not responsible for any Content, Digibooks may delete any Content, at any time without notice to you, if Digibooks becomes aware that it violates any provision of these Service Terms, or any law. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
- Recordings - You are responsible for compliance will all recording laws and associated consent requirements. By using the Services, you are giving Digibooks consent to store recordings for any or all your Classes conducted through the Services, if such recordings are stored in our systems. You can share the link to the recording of Your Classes to any person at your discretion but you shall be responsible for any default/misconduct or violation that occurs due to such person. At no point in time shall Digibooks be responsible any activities by any users including you, your students or any third party. Recordings: You are responsible for compliance will all recording laws and associated consent requirements. By using the Services, you are giving Digibooks consent to store recordings for any or all your Classes conducted through the Services, if such recordings are stored in our systems. You can share the link to the recording of Your Classes to any person at your discretion but you shall be responsible for any default/misconduct or violation that occurs due to such person. At no point in time shall Digibooks be responsible any activities by any users including you, your students or any third party.
Prohibited Use - You agree that You will not use, and will not permit any End User to use, the Services to: (a) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (b) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Digibooks’s networks, Your accounts, or the Services; (c) engage in activity that is illegal, fraudulent, false, or misleading, (d) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (e) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (f) use the Services to communicate any message or material that is derogatory to any religion, caste, sex or political opinions, harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (g) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Digibooks or other users of Services; (h) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Digibooks's security systems. (i) use the Services in violation of any Digibooks policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
Limitations on Use - You agree to use the Services only for educational purposes and not use the Service for any other purpose.
You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any Such End User will comply with these Service Terms and any & all Digibooks policies. Digibooks assumes no responsibility or liability for Violations. If you become aware of any violation of these Service Terms in connection with use of the Services by any person, please contact Digibooks at firstname.lastname@example.org. Digibooks may investigate any complaints and violations that come to its attention and may take Any (or no) action that it believes is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts And/or User profiles. Under no circumstances will Digibooks be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
Digibooks obligation for content
You affirm that you are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Service Terms, and to abide by and comply with these Service Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that you are underage or otherwise ineligible.
If Digibooks becomes aware or has reason to believe that you are in violation of these Service Terms or any other Polices then Digibooks reserves the right to terminate your account with or without providing any notice or reason. If you wish to terminate your account or any recordings you can do the same by writing to us at email@example.com.
Digibooks retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Digibooks Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Digibooks Marks, or other proprietary information (including images, text, page layout, or form) of Digibooks without express written consent. You may not use any meta tags or any other "hidden text" utilizing Digibooks Marks without Digibooks's express written consent.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Digibooks may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please notify Digibooks of the same.
You will not without obtaining prior written consent of Digibooks, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Services. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to the Service or Digibooks Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times the property of Digibooks and any breach of the same shall cause irreparable damage to us.
You acknowledge that any use of the Services contrary to these Service Terms, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Digibooks, and under such circumstances Digibooks, Digibooks will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Disclaimer and indemnification
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND DIGIBOOKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DIGIBOOKS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. DIGIBOOKS DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. DIGIBOOKS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
Indemnity - You agree to indemnify, defend and hold harmless Digibooks its officers, directors, employees, consultants and agents, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Services, your violation of these Service Terms or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.