By using our web sites, Educadium.com and EasyCampusLearn.com, and the EasyCampus service (the “Service”), including but not limited to EasyCampus Express, CampusPay, EasyCampus Standard, EasyCampus Preferred, EasyCampus Premium, EasyCampus Add-Ons and any Educadium Professional Services, you agree to be bound by the following terms and conditions (“Terms”). The use of “Educadium,” “our,” “we,” or “us” refers to the legal owner, Educadium LLC. The term "you" or “yours” refers to the user or viewer of the Service. The term “Campus Owner” refers to a user who pays for and manages an EasyCampus service.
Please review the following Terms carefully. If you do not agree to these Terms, you may not and should not use the Service. Violation of these Terms may result in the immediate termination of your account or access to the Service.
You use the Service at your own risk. Educadium is not responsible for any information or data posted by users on the Service (“Content”). You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, listings, links, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "Content").
You agree that our employees and representatives can access your Content, account and records for any reason, in our sole discretion. Educadium also reserves the right, but does not assume the responsibility, to monitor or review your conduct while using the Service.
You may have reached this page through an EasyCampus site that presents additional terms or other policies. If these Terms conflict with any other terms, policies or agreements presented at the site where you found them, Educadium’s Terms control.
Your license for access and use of the Educadium Service and Content are subject to the following conditions, restrictions and prohibitions:
In our sole discretion, Educadium may remove Content or disable an account whose use is unlawful, harmful, threatening, damaging or otherwise of concern in any way. Examples include but are not limited to any Content or uses that:
Removal of Content
Educadium does not pre-screen Content. Educadium has the right (but not the obligation) in its sole discretion to refuse or remove any Content from the Service. If warranted, Educadium will attempt to remove objectionable Content from the Service, and Educadium’s policy is to remove infringing Content. However, Educadium does NOT warrant that the Service will not contain any of the above examples of Content or use. You use the Service at your own risk.
Educadium claims no intellectual property rights in the material you provide to the Service or to Educadium, including but not limited to postings, documents, assessments, multimedia, learning content, and promotional materials (“Content”). All other Service contents, and any materials delivered by Educadium, are the property of Educadium or its licensors. The EDUCADIUM and EASYCAMPUS name and logo are service marks of Educadium. Other trademarks appearing on the Service are the property of their respective owners. You will not obscure or remove any proprietary rights notices of Educadium or its licensors contained in the Service.
The Service may include links to third-party websites. These links are provided only as a convenience. Educadium is not responsible for the availability of these outside sites or for their contents. You should direct any concerns regarding these third-party sites to the applicable site administrator.
Modification and Termination
Educadium may refuse the Service to anyone for any reason at any time. Educadium may suspend or terminate your account for any reason at any time. If your account is terminated, it will be deactivated or deleted, or your access will be disabled, and your Content will be deleted from the Service. Educadium's stated policy is to delete any EasyCampus installation and associated Content for which there are no registered users or for which there has been no user activity for more than one year. Educadium may modify or discontinue the Service (or any part thereof) at any time with or without notice. If you downgrade your Service level, this may cause a loss of Content. Educadium will not be liable to anyone for any modification, price change, suspension, downgrading or discontinuation of the Service, or any resulting loss of content.
Disclaimers and Limitations
THE SERVICE, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA AND INFORMATION PROVIDED BY EDUCADIUM OR ITS LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY, THE "SERVICE OFFERINGS") IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES. YOU USE THE SERVICE AT YOUR OWN SOLE RISK. EDUCADIUM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SERVICE OFFERINGS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, EDUCADIUM DOES NOT WARRANT THAT: (i) THE SERVICE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS; (ii) ANY DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR WILL NOT BE LOST OR DAMAGED; (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OFFERINGS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OFFERINGS WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SERVICE OFFERINGS WILL BE CORRECTED.
EDUCADIUM AND ITS LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM EDUCADIUM OR FROM ANY THIRD PARTY OR THROUGH THE SERVICE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Educadium will not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether Educadium has been advised of the possibility of such damages), however caused, whether based upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions, data or Content; (iv) statements or conduct of any third party on the Service; (v) termination or downgrading of your account; or (vi) any other matter relating to the Service.
Educadium’s maximum cumulative and total liability and your exclusive remedy for any claim arising out of or relating to the Terms or the Service Offerings will be limited to the amount you actually paid for the Service in the 12 months prior to the assertion of the claim in writing.
Because some states and jurisdictions do not allow certain exclusions or limitations of liability, the above limitations may not apply to you.
You will indemnify, defend and hold harmless Educadium, its subsidiaries, affiliates, and each of our and their directors, officers, contractors, agents, and employees from and against any claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising from or in any way related to (a) your use of the Service Offerings; (b) any software application or Web site that interfaces with the Service Offerings, (c) any content or data you send to us or use as part of your use of any Service Offerings, or (d) the combination of any of the foregoing with other applications, content or processes, (c) your violation of any of these Terms, including without limitation, your representations and warranties, or (d) you or your employees’ or personnel’s negligence or willful misconduct. Indemnified claims include but are not limited to claims involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of any software application and/or content. Educadium will provide you with written notice of such claim, suit or action.
Third Party Activities
If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.
Copyright Notice and Takedown
Educadium’s policy is to respect intellectual property rights and to terminate accounts that repeatedly post infringing Content on the Service. If you are a copyright owner and you believe your work has been copied or used improperly on the Service, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) a description of the work that you claim has been infringed and the location of the alleged infringement on the Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have a good faith belief that the accused use is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright compliance officer at:
Educadium Copyright Compliance Officer
II. EASYCAMPUS REGISTRATION AND ACCOUNT FOR CAMPUS OWNERS ONLY
BY CLICKING THE “I ACCEPT” BUTTON, YOU STATE THAT YOU HAVE THE AUTHORITY, POWER AND RIGHT TO BIND THE CAMPUS OWNER(S) IDENTIFIED IN YOUR REGISTRATION AND/OR IN ANY SERVICE ORDER, WHICH IS/ARE INCORPORATED HERE BY REFERENCE (“CAMPUS OWNER”).
IF YOU LACK THE AUTHORITY TO BIND THE CAMPUS OWNER, OR IF YOU OR THE CAMPUS OWNER DISAGREE WITH ANY OF THE TERMS, EDUCADIUM IS UNWILLING TO PROVIDE THE SERVICE TO THE CAMPUS OWNER, AND THEREFORE YOU SHOULD CLICK ON THE “CANCEL” BUTTON OR END THE REGISTRATION PROCESS.
Educadium grants to the Campus Owner a nonexclusive, nontransferable, limited right and license to use the Service and to receive associated training and support services as specified by Educadium or in the Campus Owner’s registration, subject to these Terms. Any software provided to the Campus Owner by Educadium is licensed solely for the Campus Owner’s internal use in connection with the Service. Unless a particular right is expressly granted herein, it is excluded. The Service may be accessed only by the number of End User accounts indicated in the registration. End User accounts are not transferable. “End User” means a registered administrator, teacher, learner, guest, or other individual using the Service as provided and authorized by the Campus Owner.
You represent and warrant that any credit information that you supply to us for a purchase is truthful and complete and that charges incurred by you will be honored by your credit card company.
Pricing and payment terms are as set forth in the Campus Owner’s registration or Educadium’s invoice. Educadium is not obligated to facilitate payment or offer services for any transaction for which funds have not been provided by the Campus Owner’s issuing bank. Any chargeback by a credit card company or third party, for any reason, related to you or any End User is a material breach of these Terms. Educadium may charge $50 per incident, in addition to other payment-provider service charges that may be charged to Educadium. We may charge interest of 1.5% monthly (or the maximum amount permitted by law, whichever is less) on any late payments.
Service prices are subject to change upon 30 days notice. Educadium may provide such notice at any time by posting the changes to the Educadium website (www.educadium.com), through the EasyCampus site, by email, or by other means. All fees and prices are exclusive of all taxes, levies, or duties imposed by taxing authorities. The Campus Owner is responsible for payment of all such taxes, levies, or duties.
If you select the CampusPay service for transaction processing, the Campus Owner authorizes Educadium to deduct its service fees before reconciling and remitting payments to the Campus Owner. If Educadium service fees exceed the funds in your account, you authorize Educadium to debit your credit card account or to bill you for any outstanding amounts. You are responsible for payment to Educadium or its agent, supplier or subcontractor for all chargebacks and any related costs incurred. You are responsible for such amounts even if the chargeback was initiated after you received the funds or terminated your CampusPay or EasyCampus service.
Educadium Trademarks and Copyright
The Campus Owner and its End Users will not use the Educadium name, trademarks or copyrighted materials on the EasyCampus site or elsewhere without Educadium's prior approval.
EasyCampus Site Policies
As a site administrator, the Campus Owner will comply at all times with all policies posted on its EasyCampus site.
Compliance with Laws
In connection with its use of the Service, the Campus Owner will comply with all applicable information, privacy, intellectual property, securities, and other laws, including but not limited to: the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), the Communications Decency Act, and the Copyright Act.
Without limiting the foregoing:
The Campus Owner represents and warrants that the Content and materials it or its End Users posts on the Service, and all customer activities in relation thereto, comply and will comply with all applicable laws.
The Campus Owner acknowledges that the Service may include technology and software that is subject to U.S. customs and export control laws and regulations and may also be subject to the customs and export laws and regulations of the country in which the Service is rendered and/or received. The Campus Owner will abide by those laws and regulations. The Campus Owner further represents that any software provided by The Campus Owner and used as part of the Service contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license.
The Campus Owner will indemnify, defend and hold harmless Educadium and its subsidiaries, affiliates, directors, officers, agents, contractors, partners, and employees from and against any claim arising from, or in any way related to, use by the Campus Owner or its End Users of the Service (including but not limited to Educadium.com, EasyCampusLearn.com, EasyCampus, Professional Services, and CampusPay) or any other Educadium service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. The foregoing indemnification obligation will not apply to the extent that the claim is based on an allegation that Educadium software infringes an intellectual property right.
Term and Termination
The Campus Owner’s account will commence when the Campus Owner agrees to these Terms by clicking the “I Accept” button, and will continue for the period specified in the Campus Owner’s registration unless earlier terminated. Termination does not entitle Campus Owner to any refund or reduction of fees already paid by or due from Campus Owner. If the Campus Owner requests a pro-rata refund as a remedy hereunder, then such request will be an election of remedies and the sole remedy available to the Campus Owner with respect to any dispute with Educadium. If the Campus Owner’s account terminates for any reason, all Services to all End Users will terminate as well.
III. PROFESSIONAL SERVICES
After Educadium sends written notice of project completion to the Campus Owner, the Campus Owner shall have 60 days (“Acceptance Period”) to confirm whether the Professional Services were performed substantially in accordance with the Specifications. If the Campus Owner determines that the Services were not performed substantially in accordance with the Specifications, including a perceived bug or software conflict with the custom/professional services, the Campus Owner must notify Educadium of the specific discrepancies. Unless the Campus Owner of record notifies Educadium in writing of specific discrepancies during the Acceptance Period, the Services shall be deemed to be accepted.
After written notification of specific discrepencies by the Campus Owner, the Campus Owner and Educadium agree to work together for up to 60 days (“Cure Period”) to resolve the identified discrepancies. If the discrepancies are not resolved within the 60–day period, the Campus Owner may remove the custom/professional services and receive a 50% refund of fees paid to Educadium as set forth in the written custom proposal or on the Educadium website.
Neither Educadium nor the Campus Owner nor its End Users may institute any action in any form arising from the Service or this Agreement more than two (2) years after the cause of action has arisen.
Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws rules. Any claim, legal proceeding or litigation arising in connection with the Service must be brought in Washington County, Oregon, or in the U.S. District Court for the District of Oregon, and you consent to the jurisdiction and venue of such courts.
These Terms, together with any documents incorporated by reference, constitute the entire agreement between you and Educadium and govern your use of the Service. These terms supersede any prior agreements between you and Educadium, including but not limited to any prior versions of the Terms. The Terms supersede all prior communications, representations, understandings, negotiations and discussions, written or oral, between you and Educadium regarding the subject of the Terms.
Educadium’s failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor any trade practice shall act to modify any provision of the Terms.
You may not sell, assign or otherwise transfer any of your rights or obligations under these Terms to anyone. Any assignment or delegation in violation of these Terms will be void.
If any provision in these Terms is invalid or unenforceable, the remaining provisions will continue in full force and effect.
Date modified: December 10th, 2010