Wizerme Terms and Conditions
Last Revised: April 20, 2015
We may revise and update these Terms at any time and such revisions are binding. Changes to these terms shall apply as of and following the date of the change. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER AND PROMPTLY ERASE, UNINSTALL AND REMOVE THE SERVICES AND ANY PART THEREOF FROM YOUR SYSTEMS AND APPLICATION.
The Wizer.me Platform allows teachers to create customized assignments. Teachers are able to drag and drop question types and multimedia while aligning with their core curriculum.
The customized assignments can be distributed to students via the Wizer.me Platform. The Service provides an assessment of students’ learning ability in real time by analyzing key data on each student’s concentration, progress and engagement.
Teacher are able to sell their customized assignments, created using the Wizer.me Platform, to teachers around the world (the “ Marketplace ”). Our Service allows teachers to browse the Marketplace of customized assignments and purchase the assignments that suites their needs.
REGISTRATION AND USER ACCOUNT
You must register and open an account to access the Service of the Wizer.me Platform (the “ Teacher Account ”). To create a Teacher Account you must provide us with a user name, your electronic mail (“email”) address; and a password. You must provide accurate and complete information.
Upon successful registration, the teacher will be redirected to their personal dashboard (the “ Dashboard ”). The customized assignments created by the teacher will be available on their Dashboard. The teacher may choose to personalize their Dashboard. The teacher can grant access to his or her students to the assignments available on their Dashboard. Each customized assignment has a specific assignment pin number (the “ Pin Number ”) that is to be provided to the students so that they can gain access to each assignment.
For a student to access a teacher’s assignment he or she must create an account with the Service (the “ Student Account ”). To create a Student Account a student must provide his or her full name, a password, and a Pin Number. Upon completion of the above-noted registration, the Wizerme server will automatically provide the student with a unique username. The student may then begin responding to the specific assignment (“ Student Activity ”). Each parent will have access to their child’s Student’s Account.
You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your mobile device and computer system and all activity on your Teacher Account or Student Account, even if such activities were not committed by you.
Wizerme will not be liable for any losses or damages arising from unauthorized use of your account, and you agree to indemnify and hold Wizerme harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent any inappropriate use of the Service.
YOUR CONTENT; LICENSE
You own all intellectual property rights in any text, graphical, video or other content you create, or otherwise submit to or through our Service (“ Your Content ”). You remain the sole owner of the Content you provide to the Service. You acknowledge and understand that Wizerme is not responsible for the accuracy, safety, or intellectual property rights of or relating to users’ Content. Wizerme does not endorse any Content and expressly disclaims any and all liability in connection with Content.
You agree and affirm that in connection with Your Content you will not (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you receive permission from the rightful owner; (b) publish falsehoods or misrepresentations that could damage Wizerme or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offense, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) impersonate another person; (f) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or program; (g) interfere with or disrupt the integrity or performance of the Service or the data contained herein; or (h) attempt to gain unauthorized access to the Service or its related systems of networks.
You hereby acknowledge and grant to Wizerme a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, license to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the Service. You agree that we may distribute, display, and make available Your Content as part of the Marketplace for the Wizer.me teacher community.
You affirm, represent, and/or warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Wizerme to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusions and use of the Content in the manner contemplated herein; and (b) you have the written consent, release, and/or permission of each and every identifiable individual referenced in your Content
Wizerme does not permit any copyright infringement or intellectual property rights infringement through use of its Service. Wizerme will remove all properly identified content that infringes on another’s copyright or other intellectual property right.
WIZERME OWNERSHIP RIGHTS
All elements of the Service, including without limitation, the text, scripts, design, logos, graphics, interactive features, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Wizerme or its licensors. Except as expressly permitted by these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Service or any content is strictly prohibited. Trademarks, service marks, and logos displayed on the Service are the exclusive property of Wizerme unless otherwise stated and may not be used without the express written consent of Wizerme. All rights not expressly granted herein are reserved to Wizerme, its affiliates and its licensors.
RULES AND CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You agree that you shall not (and shall not permit any third party to) act in any way or transmit any Content that:
The software and technology underlying the Service is the property of Wizerme, and you may not do or attempt to:
REPRESENTATIONS AND WARRANTIES
You further represent and warrant that you will not do any of the following:
LINKS TO THIRD PARTY WEBSITES
Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by Wizerme . Wizerme has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wizerme will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Wizerme shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Wizerme may terminate or suspend your access to all or any part of the Service at any time, with or without cause, without or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Wizerme shall use reasonable commercial efforts to maintain the availability of the Services, but does not guarantee any specific level of availability of the Services. Wizerme will not be liable to you as a result of temporary service interruptions. You acknowledge that Wizerme may, in its sole discretion and at any time, modify or discontinue providing the Service or any part thereof without notice, and in such an event you will not be able to access the information you have uploaded to the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Wizerme. WIZERME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE AND TO THE GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WIZERME DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.
You agree to indemnify, defend and hold harmless Wizerme and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expense (including reasonable attorneys’ fees) that arise directly or indirectly from: (i) breach of these Terms by you or anyone using your account; (ii) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (iii) your violation of any law or regulation; (iv) your infringement of any right of any third party; (v) information you provide to or use in connection with the Services violating third party intellectual, privacy or other rights; and (vi) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
LIMITATION OF LIABLITY
Wizerme assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Services. Wizerme is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person’s mobile device related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Wizerme be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL WIZERME OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WIZERME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WIZERME’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO WIZERME FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO WIZERME FOR THE USE OF THE SERVICE, THEN WIZERME SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
GOVERNING LAW; DISPUTES
These Terms shall be governed by the laws of the State of Israel without reference to principles and laws relating to the conflict of laws. The competent courts of the District of Tel Aviv shall have exclusive jurisdiction over any matter in connection with these Terms.
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and Wizerme shall, if possible, agree on a legal, valid and enforceable substitute provision most resembling the desired effect of the deleted provision. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.
Wizerme reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service. Wizerme may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
You may contact Wizerme about the Terms at: firstname.lastname@example.org.