Terms of Service
Effective date: May 29, 2020
The following are the terms of an agreement (the “Terms”) between you and Integrate Tech, Inc.(“Integrate”, “we” or “us”). By accessing or using this web site (“Web Site”) or our applications (the “Applications”), you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this Web Site or the Applications.
We may, without notice to you, at any time, revise these Terms and any other information contained in this Web Site or the Applications. We may also make improvements or changes in the Applications, products, services or programs at any time without notice.
Integrate is the sole and exclusive owner of its Applications and this Web Site. All rights reserved. Integrate grants you a non-exclusive, non-transferable, limited permission to access and use the Applications and services offered on this Web Site (the “Services”) solely for your personal, non-commercial use, provided you comply with these Terms.
We may add or remove functionalities or features, and we may, at our sole discretion, disable or terminate the accounts of users who violate these Terms or any applicable laws. Access to and use of the Service itself is currently free, but in the future, we may offer new or additional special features which We may charge for.
You agree to provide us with accurate, complete, and updated registration information about yourself when opening an account. You will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You may not transfer your account to anyone else without our prior written permission.
If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to immediately notify us at firstname.lastname@example.org.
By creating a parent account and accessing a student’s information, you represent and warrant that you are the legal guardian of the student.
Integrate and its licensors, suppliers, and assignees, are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, in the content of the Web Site and its Applications, which includes but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (the “Content”). All rights are reserved. We grant you a non-exclusive, non-transferable, limited permission to access and make personal use of the Content subject to the Terms. This Web Site, the Applications, and any portion hereof may not be reproduced, copied, downloaded, sold, resold, reverse engineered, decompiled disassembled, distributed, sublicensed, assigned or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo or other proprietary information (including images, text, page layout and form) without our express written consent. Any unauthorized use terminates the permission to use the Applications, the Web Site and the Services granted by us.
5. User Submission
In the course of using the Service, you may post, upload, share, store, or otherwise provide content through the Applications or the Web Site (the “User Submission”). By submitting any User Submission, you hereby represent and warrant (a) that you own such material or that you have obtained all necessary clearances, license, consents, rights and permissions to use and authorize us to use any material submitted, including the rights to all patents, trademarks, trade secrets, copyright or other proprietary rights in any and all User Submissions; (b) that your submission does not contain any viruses, adware, spyware, worms, or other malicious code; (c) that your submission does not violate any applicable law or regulation or the right of privacy, publicity or other rights of any other person. You retain copyright and any other proprietary rights you have in the User Submission. We do not claim any ownership rights over User Submissions.
For all User Submissions, you hereby grant us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to host, transfer, display, analyze, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Submissions, in whole or in part, in any media formats and through any media channels, for the purpose of providing the Services to you.
By posting and sharing User Submissions with other users of the Service, you hereby grant those users a non-exclusive license to access and use such User Submissions.
If your school has purchased the Services for you and granted you access to the Services, it is possible that your school owns intellectual property rights to your videos or photo. We shall not be responsible for any decisions made by your school as to the deletion of your content and any claims in that regard should be directed to your school.
We are under no obligation to edit or control User Submissions that you and other users post or publish, and will not be in any way responsible or liable for User Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We expressly disclaim any and all liability in connection with User Submissions. If notified by a user that User Submissions allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Submission, which we reserve the right to do at any time and without notice.
6. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
Post, upload, or distribute any defamatory, libelous, or inaccurate User Submission or other content;
Publish the private information of any third party without the consent of that third party;
Post, upload, or distribute any User Submission or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
Make unsolicited offers, advertisements, proposals, or send junk mail or spam, which includes but not limited to unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, to other users of the Service;
Use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation COPPA and FERPA, laws governing intellectual property and data privacy and security;
Defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, the Applications or the Web Site, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Submission;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any app); or
Modify, adapt, translate or create derivative works based upon the Service or any part thereof;
Intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Third Party Services and Websites
We may provide tools through the Service that enable you to export information to third party services. By using these tools, you agree that we may transfer such User Submissions and information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for the contents of the third-party service or the use of your User Submission or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site.
You agree to defend, indemnify and hold Integrate, its suppliers, licensors, contractors and agents, and their respective officers, directors, shareholders, and employees harmless from any and all claims (including, but not limited to, claims for defamation, disparagement, privacy and intellectual property infringement), damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or related to (a) any violation of these Terms or any use of the Applications, Web Site, Services, Content, User Submission by you or authorized users of your account, or (b) our use of any User Submission or information you provide. This indemnification obligation will survive termination of the Services.
9. Warranty Disclaimer and Limitation of Liability
THE SERVICES, THE APPLICATIONS, AND THE WEB SITE ARE PROVIDED BY INTEGRATE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTEGRATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATIONS AND THIS WEB SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATIONS, THE WEB SITE AND THE SERVICES IS AT YOUR SOLE RISK.
Under no circumstances shall Integrate, its licensors, suppliers, vendors, agents and its officers, directors, employees be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of the Applications, the Web Site, Services, your use, non-use or reliance upon the Content, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the Services or Content, delays in operation, transmission or failure of performance, whether or not such damages might have been foreseeable. If you are dissatisfied with any of the Services, the Applications, the Web Site, or the Content, or with any of the terms and conditions, your sole and exclusive remedy is to discontinue using the Applications, the Web Site or the Services.
10. Applicable Law and Venue
These Terms shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the law of the State of New York, USA (excluding its law of conflict of laws). You hereby agree that the courts located in the State and County of New York, USA shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or relating to this agreement or its subject matter and you hereby consent to the jurisdiction and venue of such courts and irrevocably waive any objections thereto, including on grounds of forum non conveniens. You agree to comply with all applicable laws.
11. Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). In order for such notification to be effective under Title II of “DMCA”, the notification must be in writing and provided to the designated agent listed below. In accordance with Section (3)(A) of the DMCA, the notification of claimed infringement must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright 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.
Description of the material that is claimed to be infringing.
Description of the location of the material that is claimed to be infringing.
Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Integrate Tech, Inc.
19 Barnfield Ct Upper Saddle River, NJ 07458
Upon receipt of the written notification containing the information as outlined above, Integrate will remove, or disable access to, the material claimed to be infringing. Integrate may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any Services offered on this Web Site or through the Applications, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Integrate Tech, Inc. I Copyright 2020
We’re here to listen and answer all of your questions.