Last Updated August 21, 2014
Welcome to KADENZE—a fun, interactive proprietary learning environment for online education (referred to as "PLE")!
- You are responsible for all content you post using the Service (see additional terms regarding your “User Submissions” below) and you agree that all of your User Submissions are your own work and do not infringe on any third party rights.
- You may not use the PLE Service to abuse, harass, threaten, impersonate or intimidate anyone. If you become aware that a User is engaging in prohibited activity, please report such activity to email@example.com
Eligibility and Access
In order to access certain features of the Service and to post any User Submissions (defined below) on the Service, you must register to create an account and become a “PLE Registered User” (also referred to herein as “User”).
During the registration process, you may be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your PLE account, whether or not you have authorized such activities or actions. You will immediately notify Company of any unauthorized use of your PLE account as soon as you become aware of any such unauthorized use or activity.
PLE content and user submissions
Certain types of content are made available through the Service. “PLE Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content made available through the Service, excluding User Submissions. “User Submissions” means the, text, data, graphics, images, photos, video or audio content, hypertext links and any other content uploaded, transmitted or submitted by PLE Registered Users via the Service.
By making available any User Submissions through the Service, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any and all media or distribution methods.
Copyrighted materials: no infringing use
You will not use the Service to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Company has adopted and implemented a policy that provides for the suspension or termination in appropriate circumstances of the accounts of Users who infringe or are believed to be or are charged with infringing the rights of copyright holders more than once.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by visiting the Report Abuse and Privacy section and providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail) to our appointed DMCA Agent at the following email address firstname.lastname@example.org or via mail to Kadenze, Inc., c/o DMCA Agent, 27200 Tourney Road, Suite 245, Valencia CA 91355 USA.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Interactions between Users
Limited License and General Prohibitions
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material (including User Submissions) that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person or persons; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Service, or any individual element or materials within the Service, Company’s name, any Company trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Company’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Company’s computer systems, or the technical delivery systems of Company’s provider
- Attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another User) to protect the Service or PLE Content;
- Attempt to access or search the Service or PLE Content or download PLE Content from the Service through the use of any non-authorized means, including without limitation, engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like).
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent; (including email).
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or PLE Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or PLE Content;
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service or from other Users of the Service without their express written permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE SERVICE, PLE CONTENT AND USER SUBMISSIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT THE SERVICE, PLE CONTENT OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICE, PLE CONTENT OR USER SUBMISSIONS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
All trademarks, service marks, logos, trade names and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction