Access and Use of the Service
- to violate, or encourage violation of, the legal rights of others;
- for any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature;
- to interfere with the use of the Services, or the equipment used to provide the Services, by other authorized users;
- to alter, disable, interfere with or circumvent any aspect of the Services;
- to test or reverse-engineer the Services in order to find limitations, vulnerability or evade filtering capabilities;
- to use the Service, or a component of the Services, in a manner not authorized by XpressLab
- 1.1 The Service permits users to create interactive activities, assessments, and other Content using XpressLab tools and content provided by XpressLab and by other users of the Service, and to interact with other users. The Service is web-based and provided over the Internet (http://edu.xpresslab.com) using software that was created or licensed by XpressLab.
- 1.2 XpressLab is a service provider only, and does not completely control the Content displayed on or accessible through the Service and built-in Library engine. XpressLab does not generally monitor the communications between users of the Service (i.e. teachers/administrative users, students, etc.). XpressLab has limited control over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
- 2.1 The Service is exclusively for teachers, students, and authorized individuals
3. Account Responsibilities
- 3.1 By using the Service, you agree to (a) be bound by all Terms, (b) be responsible for all use of your edu.xpresslab.com account, including all actions that take place through your account, (c) maintain the security of your account password, and (d) provide accurate and current registration information, if applicable.
- 3.2 XpressLab has the right at any time for any reason or no reason to suspend or terminate your account, terminate these Terms, and/or refuse any and all current or future use of the Service without notice or liability to you.
4. Content Rights and Licenses
- 4.1 By using the Service you will have access to activity and assessment templates, graphics, and text (collectively, “Content”). Content may be provided under license by XpressLab or by independent content providers comprised of other users of the Service, via the Global Library Engine.
- 4.2 Users must acknowledge that XpressLabs and other Content Providers have intellectual property rights in their respective Content. Except as described in the Terms, such rights are not licensed or otherwise transferred by use of the Service. Users must accept full responsibility and liability for their use of Content in violation of any intellectual property rights.
- 4.3 Users may create Content using the Service. Subject to the Terms, users retain ownership of and all right to the Content that they create, including all copyright and other intellectual property rights.
- 4.4 By posting Content on the Service via that Library Engine, users represent and warrant that they own or are the licensee of the Content, users have the right to post Content on that Service, and such posting does not violate the rights of any other user in the Content.
- 4.5 When users create Content on our Service, or upload Content to our Service, users grant XpressLab a non-exclusive license to use, modify and reproduce their Content Content as needed to allow us to operate the Service. When users, other teachers, and authorized users share user Content, the user grant XpressLab a non-exclusive license to use, modify and reproduce user Content outside the Service, subject to an obligation upon XpressLab to use commercially reasonable efforts to discontinue such use or user Content if the user advises XpressLab in writing.
- 4.6 XpressLab makes available to its users certain proprietary tools, including, but not limited to, the Course Authoring platform, the Assessment platform, testing question types, templates, (collectively, “XpressLab Tools”). The Service also includes the ability to create, disseminate, complete, submit, mark, and return assessments and tests to test-taking users using built-in exam types such as but not limited to class discussion forums, timed tests, untimed tests, true or false test, fill in the blank tests, multiple choice tests, high-stakes proficiency testing, etc. XpressLab may also create or provide Content such as stock graphics, templates, background, and remixable graphics. So long as users comply with the Terms, users are granted a limited, revocable license to use the Service, including the XpressLab Tools, and to use such Content created or provided by XpressLab.
- 4.7 The Service allows others to modify and use Content that users have posted to the Service via the Library Engine if such content has been shared by the user, or if applicable, by a student, teacher, or other authorized individual. By posting and sharing such Content on the Service, the user agrees that XpressLab may sublicense such Content under these Terms to other users of the Service to use and modify it.
- 4.8 The Service permits user to modify the Content of another user of the Service where such Content has been shared by that user. To the extent that such modification gives rise to rights in the modified Content (including rights to a derivative work or compilation, if applicable), such rights shall remain to the original Content creator. Such modified Content is subject to the automatic license to XpressLab when posted on the Service. A user’s use of Content in any context, including without limitation outside the Service, shall be subject to the rights of XpressLab and third parties in that Content.
- 4.9 You may not use the Service or Content for a commercial purpose without the consent of XpressLab. If you would like to use XpressLab for a commercial purpose, please contact XpressLab directly at firstname.lastname@example.org. Users must agree that their creation of Content is not in any way based upon any expectation of compensation from XpressLab.
- 4.10 XpressLab reserves the right to delete or restrict access to any Content at any time for any reason whatsoever, and shall not be responsible for any losses or damages arising from the deletions or restriction of any Content for any reason.
- 5.1 The Service may only be used for lawful purposes. Users may not use XpressLab to post anything or communicate anything which is illegal, offensive, or that violates the rights of any third party, including without limitation: copyrighted material, material judged by XpressLab in its sole discretion to be defamatory, threatening or objectionable, material protected by trade secret or under any obligation of confidence, material that the user does not have a right to transmit under any law or under contractual relationships. Users may not access the Service through means other than as intended by XpressLab. Users can not reverse engineer the XpressLab Tools or the Service. Users may not charge any third party for access to or use of the Service. Users may not impersonate any third party without their consent. Users may not use the Service or any purpose other than that which it was designed.
- 5.2 Any violation by the user of the Terms may result in immediate and permanent suspension or cancellation of the user’s account. XpressLab may take whatever steps deemed necessary to curtail objectionable behavior of any sort on the Service in its sole discretion, without notice to the user.
- 5.3 Users must agree to hold XpressLab and its employees harmless against any claims, losses, judgements, damages, costs and expenses (including Legal Fees), resulting from the user’s breach of these Terms, or the use of the Service or posting of Content with damages the user or any other party.
- 5.4 To report an abuse of these Terms, email XpressLab at email@example.com.
- 6.1 By sharing Content (teachers) and submitting Content (students), users represent and warrant that their Content does not infringe upon any third party intellectual or personal rights, including but not limited to, copyrights, patents, trade-marks, trade secrets, or privacy.
- 6.2 Should XpressLab be may aware of any Content posted by a user that could be infringing on a third-party’s intellectual property rights, XpressLab may remove such Content, at its sole discretion.
- 6.3 To report an infringement of copyright, email XpressLab at firstname.lastname@example.org.
- 7.1 As a condition of accessing the Service, users release XpressLab (and its employees) from and against any Claims, losses, judgements, damages, costs and expenses, claims, or liability, arising out of or in any way associated with provided the Service.
- 7.2 The Service is provided “As-Is”, without any representations, conditions or warranties of any kind, including without limitation any implied warranty of title, noninfringement, merchantability or fitness for a particular purpose. The Service may become unavailable from time to time without notice. XpressLab assumes no responsibility for any loss, damage, deletion, theft, unauthorized use, error, omission, delay or interruption in connection with any Content, user account information, personally identifiable information or services offered on or through the Service. Regardless of a user’s ownership of any Content, the user must acknowledge and agree that XpressLab will not, under any circumstances, be liable for the use or destruction of that Content when on the Service.
8. Limitation of Liability
- In no event will XpressLab or its employees be liable to the user or any third party for any damages whatsoever, including without limitation damages arising from lost data, even if XpressLab is aware or has been advised of the possibility of such damages. This includes, without limitation, any damages arising under contract, warranty, negligence,strict liability or any other theory, or resulting from: The use or the inability to use the Service or any Content, any third party claims that the user’s use of the Service or user Content violates any intellectual property right, or any other matters relating to the Service or Content.
- The user must agree that all matters relating to the use of the Service shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the Federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws.
- Users must acknowledge and agree that any comments, questions, suggestions or ideas sent by the user to the Service are non-confidential and shall become the property of XpressLab, without acknowledgement or compensation to the user.
- This Agreement constitutes the entire agreement between the user and XpressLab regarding the users use of the Service and is accepted upon your use of the Service.
- Registration with XpressLab is required in order to access and use certain features of the Service.
- When registering for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services registration form.
Member Account, Password and Security:
- You are responsible for maintain the confidentiality of password and account information, and are fully responsible for any and all activities that occur under your password or account.
- You agree to immediately notify XpressLab of any unauthorized use of your password or account or any other breach of security.
- You agree to ensure that you exit from your account at the end of each session when accessing the Service.
- XpressLab will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
- XpressLab reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- XpressLab will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
XpressLab as Service Provider:
- XpressLab may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data and other content will be retained by the Service and the maximum storage space that will be allotted on XpressLab’s servers on your behalf.
- XpressLab has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
- XpressLab reserves the right to terminate accounts that are inactive for an extended period of time.
- XpressLab reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
- Users are solely responsible for all code, video, images, information, data, text, music, sound, graphics, video, message or other material (“content”) that the user uploads, submits, creates or otherwise uses via the Service.
XpressLab reserves the right to investigate and take appropriate legal action against anyone who violates the following examples of the type of content and/or use of the Service that is considered illegal or prohibited by XpressLab:
- Uploading or creating content that (i) infringes any intellectual property or other proprietary rights of any party, (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (iii) poses or creates a privacy or security risk to any person, (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, (v) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, ethnically or otherwise objectionable; or (vi) in the sole judgment of XpressLab, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose XpressLab or its users to any harm or liability of any type
- Interferes with or disrupts the Service or servers or networks connected to the Service
- Violates any applicable local, provincial, national or international law, or any regulations having the force of law
- Harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service
- Licensing fees are required by the institution, individual classroom, and/or school board.
- Fees are based on the number of accounts required as well as on the duration of the license.
- Once the license period has terminated, the continued use of the Service requires an agreement to pay the required amount.
- Users are not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- The Service is limited to the institution and the number of accounts stipulates in the Licensing Agreement.
- Users agree that their creation of Content within XpressLab is not in any way based upon any expectation of compensation from XpressLab
Intellectual Property Rights
Service Content, Licenses, Software and Trademarks:
- Users acknowledge and agree that the Service contains Service Content (activity templates, Library items, activity samples, assessment samples) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
- In connection with the use of the Service, users are not to engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
- If blocked by XpressLab from accessing the Service (blocked IP address), users agree not to implement any measures to circumvent such blocking (i.e. by masking an IP address or using a proxy IP address).
- The technology and software underlying the Service an any distributed in connection with the Service are the property of XpressLab
- Users are not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
- XpressLab course authoring platform, assessment platform, all names, logos, trademarks and service marks of XpressLab (XpressLab trademarks) are the sole property of XpressLab
Created Content and User Content Transmitted Through the Service:
- Subject to XpressLab’s ownership of any underlying Service Content, users retain ownership of and all right to the Created Content that users create through the Service or share with other users or recipients, including all copyright and other intellectual property rights.
- With respect to the content or other materials users upload through the Service, other than content or materials made available (and as made available) by or on behalf of XpressLab, (collectively, “User Content”), users represent and warrant that the user owns all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity.
- By using the Service to create Created Content and/or by uploading any User Content, you hereby grant XpressLab a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Created Content or User Content (as applicable) in connection with the operation and provision of the Service and the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
- XpressLab will use commercially reasonable efforts to discontinue use of User Content for promotional, advertising or marketing purposes, upon receipt of written notice from you to that effect.
- Users acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by the user to XpressLab are non-confidential and XpressLab will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to the user.
- Users acknowledge and agree that XpressLab may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or governmental requests; (b) enforce these Terms of Service; (c) protect the rights, property, or personal safety of XpressLab, its users and the public.
- Users understand that the technical processing and transmission of the Service, including the users content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.