© 2023 EduQuerry. All Rights Reserved
IMPORTANT--PLEASE READ CAREFULLY. If you are a resident of or have your principal place of business in the European Economic Area or the United Kingdom, these Terms of Use ("Terms") are an agreement between you and Blackboard International B.V., a private company formed and existing under the laws of the Netherlands. Otherwise, these Terms are an agreement between you and Eduquery Inc. References to "us", "we", "our", and " Eduquery" shall mean either Blackboard International B.V. or Eduquery Inc., as appropriate.
These Terms govern your access to and use of Eduquery software, products, and/or services (individually or collectively, the "Products") and any information, content, text, graphics, photos, or other materials uploaded, downloaded, purchased, or appearing on or through the Products (collectively referred to as "Content"). Additional terms or product requirements may apply to our individual Products and are available with the relevant Product. These Terms apply to all visitors, users, and others who access and use the Products ("Users").
By accessing or using the Products you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT, TO THE EXTENT APPLICABLE TO YOU, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you or your institution have entered into with Eduquery regarding the use of Products, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you or your institution have entered into with Eduquery, the terms and conditions of the written agreement shall control.
You are responsible for your use of the Products. You may use the Products only if you can form a binding contract with Eduquery. Your account with Eduquery (and use of the Product) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are accepting these Terms and using the Products on behalf of a company, organization, government, or other legal entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Products only in compliance with these Terms, any agreement entered into by your institution relating to the Products, and all applicable local, state, national, and international laws, rules and regulations.
In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse. Eduquery requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of an Eduquery Product by such minor. Eduquery reserves the right to provide access to the minor’s account to the minor’s parents, guardian, or other authorized adult or educational institution, upon such adult’s request. For additional information on how we use your information, please see our Privacy Statement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Eduquery shall have no liability for your interactions with other Users, nor for any User’s acts or omissions.
Any information that you provide to Eduquery, including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Products (“Your Information”), will be collected, maintained and used in order to provide the Products to you or your institution, or in accordance with these Terms, our Privacy Statement, any additional terms applicable to an individual Product, and any agreement entered into by your institution relating to the Product.
For the avoidance of doubt, personal information that includes Student Data (defined below) provided to Eduquery through the use of these Products is governed by the terms of the agreement between Eduquery and the educational institution relevant to your use of the Products. As between Eduquery and you, you and/or the educational institution own all right, title, and interest to all Student Data you provide or otherwise make available to us, and we do not own, control, or license such Student Data, except so as to provide the Products to you and to the educational institution that provides the products and controls Student Data from the educational records, if applicable, and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Products. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Eduquery agrees to treat Student Data as confidential and not to share it with third parties other than as described in Eduquery’s agreement with the educational institution.
If you have any questions regarding the privacy and use of Your Information, please contact us, or your educational institution.
You are responsible for Content that you post to the Products, and any consequences thereof. The Content you submit, post, or display may be viewed by other Users of the Products. You may be able to control the Content that other Users of certain Products may access through the privacy options in certain Products.
You retain your rights to any Content you submit, post, or display on or through the Products. By submitting, posting, or displaying Content on or through the Products, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Products. You agree that this license includes the right for Eduquery to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products) and in accordance with your privacy settings. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Products, and we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Products or obtained by you through the Products is at your own risk.
Further, in connection with Content you submit, post, or display on or through the Products, you affirm, represent, and warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the Content, if any, to use such person’s name or likeness in the manner contemplated by any Product and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any Content relating to third parties; (c) your Content and Eduquery’s use thereof as contemplated by these Terms and any Product will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; and (d) Eduquery may exercise the rights to your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, licensing arrangement or otherwise.
Eduquery respects the intellectual property rights of others and expects Users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is: