Key To School Terms of Service
Updated as of Friday, February 1, 2013
Welcome to KeyToSchool (the “Service”) made available to you by Vidya Mantra EduSystems Pvt. Ltd. (“Vidya Mantra”) The terms and conditions set forth below (the “Agreement”) governs your use of Service. By registering, using or operating the Service, you expressly agree to be bound by this Agreement and to follow all its terms and conditions and any applicable laws and regulations governing the Service. If you are found to be in violation of these terms and conditions at any time, as determined by KTS in its sole discretion, we may warn you or suspend or terminate your account.
Your KeyToSchool.com Account and Site
If you are active user on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all the activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Vidya Mantra may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely
to cause Vidya Mantra liability. You must immediately notify Vidya Mantra of any unauthorized uses of your site, your account or any other breaches of security. Vidya Mantra will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and or any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own;
- in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Vidya Mantra or otherwise.
By submitting content to Vidya Mantra for inclusion on your Website, you grant Vidya Mantra a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your site. If you delete content, Vidya Mantra will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Vidya Mantra has the right (though not the obligation) to, in Vidya Mantra sole discretion (i) refuse or remove any content that, in Vidya Mantra reasonable opinion, violates any Vidya Mantra policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Vidya Mantra sole discretion. Vidya Mantra will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
- General TermsOptional paid services such as extra storage, or domain purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Vidya Mantra the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic RenewalUnless you notify Vidya Mantra before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
Responsibility of Website Visitors
Vidya Mantra has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, VidyaMantra does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated
or unstated. Vidya Mantra disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Vidya Mantra reserves the right to display attribution links such as ‘Moodle Hosting by KeyToSchool’ in your site footer or toolbar.
Terms of Service Changes
Vidya Mantra reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Vidya Mantra may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you wish to terminate this Agreement or your Keytoschool.com account (if you have one), you may raise a support ticket to discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that the Services are provided ‘as is.’ Neither we, nor any of our employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. We are not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non infringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will we be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold us and our affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto our
servers. Such liabilities may include, but are not limited to, those arising from the following:
- with respect to your business
- infringement or misappropriation of any intellectual property rights;
- defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity;
- spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
- any damage or destruction to our equipment or to any other account holder which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
- any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by our gross negligence or willful misconduct; and
- any other damage arising from your equipment or your business.
You may not assign your rights and obligations under this Agreement without the prior written consent from us, which may be withheld at our discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Our failure to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by us. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us and supersede and govern all prior proposals, agreements, or other communications.
We have a responsibility to ensure that each of our clients is provided with the best services we have available. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.