1. ACCEPTANCE OF TERMS
LiveText Inc. will provide access to a series of online educational development tools (“College LiveText Services” or “services” or “service”) to college faculty, staff, and undergraduate, graduate, and alternative certification students enrolled in university programs and selected individuals, organizations, and companies providing educational and technology services and products to universities (“Members”). Members are subject to the following Terms of Service. In addition, when using LiveText Inc. services, members shall be subject to any posted guidelines or rules applicable to such services, which may be updated and posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS OF SERVICE.
2. DESCRIPTION OF SERVICE
LiveText Inc. currently provides Members with a professional membership in a managed online collaborative network of professionals and access to a series of integrated online educational development tools (“Services” or “Service”). Services ease and facilitate members’ creation, management, and exchange of their own curriculum content that integrates ideas, methods, practices, information, and resources that members want to use and to which members have the right, independent of LiveText, to access and incorporate into their own content. Any new features added shall be subject to the TERMS OF SERVICE.
3. REGISTRATION OBLIGATIONS
At the time of registration Members agree to: (a) provide true, accurate, current and complete information about themselves as prompted by the online registration form (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LiveText Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LiveText Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are subscribing to one account that is restricted to use by one person. You as a member are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You accept that your member account is for use by you and you alone, is not transferable to another, and is not to be accessed by another. You agree to immediately notify LiveText Inc. of any unauthorized use of your password or account or any other breach of security. LiveText Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. MEMBER CONDUCT
You as a member understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), are the sole responsibility of the person from which such Content originated. This means that you, and not LiveText Inc., are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. LiveText Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. All members therefore agree that all access and use of LiveText is at your own risk. Under no circumstances will LiveText Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content transmitted via the Service.
You as member agree to not use the Service to:
- upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a LiveText Inc. official, community leader, forum moderator, faculty member, education leader, other LiveText member; or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in areas that are designated for such purpose;
- upload, post, or otherwise transmit any content for any reasons other than those directly and specifically related to professional requirements of your degree program or your responsibilities as a professional;
- upload, post, or otherwise transmit any material that 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users;
- violate any provision of laws governing the protection of children’s privacy or safety with respect to online environments.
As long as you are within compliance of the points of conduct above, you may upload common documents (e.g., as attachments) that are needed in the regular course of your degree program or field work as necessary to complete assignments, exercises, portfolios, and other professional obligations, expectations, and responsibilities of your program’s course and or field work. Other than an obligation to use your account for professional use only, storage of such documents is not space constrained (UNLIMITED) at this time. Members are encouraged to author whenever possible directly in LiveText’s online services to save time and space. When file uploads are needed (e.g., attachments and images), members are encouraged to use file types that are designed and intended for web browser viewing (e.g., HTM, HTML, PDF, JPG, GIF). Such file types ensure viewability of materials by virtually all readers (whether they have your particular software application or not) and tend to be compressed into smaller file sizes to open quickly (e.g., MS Word doc is reduced 60-70% when saved as web page). Initially, the professionally-oriented audio and video files stored in your member account shall not exceed 100 MB.
You as a member acknowledge that LiveText Inc. does not pre-screen Content, but that LiveText Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, LiveText Inc. and its designees shall have the right to remove any Content that violates the TERMS OF SERVICE or is otherwise objectionable. LiveText Inc. makes every effort to keep all data at this site accurate and up to date, but makes no warranties or representations regarding the data. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LiveText Inc. or submitted to LiveText Inc., including without limitation information in LiveText Inc forums, in shared spaces, and in all other parts of the Service.
You as a member acknowledge and agree that LiveText Inc. 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; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LiveText Inc., its users and the public.
You as a member understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You as member agree to indemnify and hold LiveText Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TERMS OF SERVICE, or your violation of any rights of another.
7. MODIFICATIONS TO SERVICE
LiveText Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LiveText Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You as a member agree that LiveText Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, in full or in part, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if LiveText Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TERMS OF SERVICE. LiveText Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TERMS OF SERVICE may be effected without prior notice, and acknowledge and agree that LiveText Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LiveText Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LiveText Inc. has no control over such sites and resources, you as member acknowledge and agree that LiveText Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You as a member further acknowledge and agree that LiveText Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. DISCLAIMER OF WARRANTIES
YOU AS MEMBER UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVETEXT INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIVETEXT INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVETEXT INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
11. LIMITATION OF LIABILITY
YOU AS MEMBER UNDERSTAND AND AGREE THAT LIVETEXT INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVETEXT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
13. PROTECTION OF LIVETEXT INTELLECTUAL PROPERTIES
You as a member shall not copy, abstract, or make available to any person, firm or corporation, the LiveText Products, Services, Supplemental materials, Training materials, or Reference materials or the information contained therein, and shall maintain the same in strictest confidence and prevent unauthorized access thereto unless given permission in writing and or email by LiveText Inc. You as a member will not, nor will you permit any other person to modify, reverse engineer, reverse compile or disassemble the Products and Services.
14. MEMBER INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY OF CONTENT AND SYSTEM ACTIVITY
You as a member understand that LiveText develops and provides online tools that facilitate the effective and efficient sharing and exchange of adaptable educationally oriented materials as a service to its members (“LiveText Services”). LiveText respects the intellectual property rights of others, and we ask our members and users to do the same. You understand that it is your responsibility to first secure proper authorization and permission to incorporate or share copyrighted works before sharing any such content or creating a derivative work from such content. You further understand that LiveText intends but is under no obligation to retain content lineage so as to attribute recognition to the collaborative efforts of member professionals.
With respect to all content you create as an original work, you retain all copyright rights to that work. To the extent you choose to share that work within the LiveText community, such sharing is subject to the level of sharing you have designated and the audiences you have specified. Once such a work is uploaded to the LiveText servers, you grant to LiveText a royalty-free, irrevocable, non-exclusive right and license to do all things as may be necessary or incidental to transmit and otherwise administer the online software for purposes of delivery of the LiveText Services (“LiveText License”); provided, however, LiveText will not knowingly use the LiveText License beyond what is necessary or incidental for LiveText to transmit, administer or deliver the LiveText Services.
With respect to all content you elect to share only with specific individual members, you grant to such other members the right to copy, edit, adapt, publish, translate, and create derivative works from shared content for use in their classes and the right to share the revised, enhanced, or derivative versions of that content using LiveText Services (“Member License”). With respect to all content you elect to share by making such content available to all members or to the public, you grant to all members the Member License and to the LiveText Parties the LiveText License, to use such content.
You as a member understand that LiveText provides online tools for university faculty members and system administrators that include but are not limited to reports of online activity levels by members whose LiveText accounts are associated with the university. Such tools include but are not limited to reports and analysis of standards utilized, resources utilized, LiveText usage levels and patterns, online assessment results, and other information used by the university to manage and improve the effectiveness of its curriculum and instruction program and its continuing support services to the individual member and to current and future participants in the university’s program. You as a member accept that such information may be made visible to university faculty personnel as deemed appropriate and controlled by university faculty and also visible to LiveText and potentially LiveText partners as selected by your university for purposes of continuously improving LiveText services, for providing consultation and support to the university, for providing technical support, and for keeping members apprised of service availability, features, and functions.
You understand that all or part of your LiveText content created while your member account is associated with the university and potentially thereafter may be referenced as artifacts and as representative materials or reported and analyzed in conjunction with your university seeking initial or continuing accreditation; needing to demonstrate evidence of expected performance; subjecting itself to external review by accrediting bodies authorized; and/or sharing best practices and lessons learned with other higher education professionals. You agree to allow LiveText to facilitate the university’s accessing and referencing your account’s activity, usage patterns, share content, and/or information as needed to facilitate such processes and the continuous improvement of university programs. You understand and accept that the university and the university alone is solely responsible for ensuring that requests to LiveText for such information are in accordance and managed such that they are compliance with terms agreed upon between you and the university.
15. COLLEGE LIVETEXT MEMBERSHIP TERM
The initial membership term begins at LiveText online registration and its duration is for five years.
The initial membership term for College LiveText services will end early if: (a) the member withdraws from a degree program, (b) the member does not complete at least one course in the program within a given 12-month period, or (c) the member violates terms of service. By registering and using the College LiveText services, member grants permission to keep LiveText apprised on a need to know basis of accurate information about expected and actual date of degree conferment, date of program withdrawal, and lack of course enrollment as necessary to determine member’s eligibility for access to College LiveText services. If such necessary information is not made available upon request to verify status in the university program, LiveText shall be under no obligation to provide access beyond the termination of this agreement.
When College LiveText services end, undisrupted continuation of membership may be available, subject to commensurate renewal pricing, membership program components, and terms of service.
16. FEES AND REFUNDS
A service activation fee, at pricing levels commensurate to service options chosen by the member’s Institution, is required for each new member. If requested within 30 days of dated purchase receipt, a full refund will be credited back to the same credit card only for “UNUSED” LiveText accounts. Any activity history (e.g., authoring, assessing, reporting, sharing, etc.) in a LiveText account implies a “USED” status and therefore prohibits the account holder from receiving a refund of any kind. Some service options require other fees in which case members will be notified of such by their Institution.
This Agreement is to be governed by the laws of the State of Illinois.