Please backup your data, material and content (if any) independently, saving such data, material or content on a storage device in your exclusive control. Changes may occur to Qwizdom Online Products, and as such, data, material and/or content you provide to this Service could be lost.
2. REPRESENTATIONS OF ORGANIZATION / SCHOOL OFFICIAL. If you are a Trainer, presenter, teacher, administrator, or other school official (hereinafter also referred to as a “Presenter”) you represent and warrant that you have the authority under the policies of your organization/school (hereinafter also referred to as “Organization”) to agree to these Terms, on behalf of your Organization, in order to use Qwizdom Online Products as described herein for interacting with Participants/students (hereinafter also referred to as “Participants”) and/or for delivering content to Participants and/or for collecting Participant responses and information as a reporting tool. You acknowledge and agree that Qwizdom Online Products, including any reporting tools that are part of the Qwizdom Online Products that store information collected from Participants (e.g., Qtopia) are subject to the review of your Organization, and that such collection of information is under the direction of your Organization, for the use and benefit of your Organization and the Participants.
3. SOFTWARE AND SERVICE COMPONENTS.
Qwizdom Online Products may include, without limitation, services that provide online interaction, annotation, polling, assessment, delivery of quizzes, exercises, tests, online reporting tools, analytical tools, and communication mechanisms between Participants and between Presenters and Participants.
Some Qwizdom Online Products may include, or consist of, a downloadable software component governed by the license terms in Section 4.
4. License Grant and Use- If you accept these Terms, you are granted a non-exclusive, non-transferable, revocable and limited license (revocable at any time at Qwizdom’s sole discretion, unless subject to a license duration as agreed upon between Qwizdom and you or your Organization either by payment terms, or in writing executed by the parties) to use the Qwizdom Online Products, but only in accordance with these Terms. Any software applications of the Qwizdom Online Products that you use, copy or store, are licensed to you, not sold or transferred to you, and you agree that you may not use such Qwizdom Online Products in any way that conflicts with or violates these Terms or other agreements between you and any third-party. If a software application of the Qwizdom Online Products is downloaded by you with, or otherwise provided to you by Qwizdom with, a stand-alone end user license agreement (“EULA”), these Terms incorporate the EULA herein by reference, and the EULA shall control as to any terms herein that conflict with any terms of the EULA.
5. PRIVACY & SECURITY POLICY.
Qwizdom is committed to each user's personal privacy. For example, Qwizdom’s Online Products use industry standard SSL (secure socket layer) or TLS (Transport Layer Security) encryption to transfer private, personal information. As a Presenter activating a Qwizdom Online Product for use in your Organization, you represent that this privacy and security policy has been authorized.
Unfortunately, no data transmission over the Internet is 100% secure, and Qwizdom does not warrant the security of any information collected using its services. By agreeing to these Terms, you agree to use Qwizdom Online Products at your own risk, and agree that Qwizdom shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by Qwizdom, the Presenter, a Participant, or an unauthorized third party.
Qwizdom (which includes Qwizdom’s affiliates who will have access to organization material and data only as necessary for Qwizdom to provide the online services described herein) strives to provide and deliver measures needed by the Organization to comply with applicable state and federal laws, such as, for example, the Family Education Right and Privacy Act (FERPA).
Participant personal identifying information collected through Qwizdom Online Products is collected at the direction of the Participant’s Organization for the use and benefit of the Organization and the Participant.
Qwizdom is the primary operator under these Terms. Qwizdom is located at: 12617 Meridian E, Puyallup, WA 98373, United States, and can be reach by calling 1.877.794.9366, or emailing firstname.lastname@example.org.
Qwizdom may store or collect data, at the direction of your Organization, Participant (e.g., student) names, ages, email addresses, IP addresses, cookies, and other identifiers, grades, and other school performance related information, for the purposes of providing a reporting tool for use at the direction of the Organization to which Participants belong, and for the purposes of internally improving Qwizdom Online Products. Qwizdom does not provide any way for the Participants to disclose the information collected publically using the Qwizdom Online Tools.
Qwizdom will not sell, rent or loan any data submitted by Participants through the reporting tools, to anyone. However, Qwizdom may allow its affiliates to have access to and use the reporting tool data to assist Qwizdom in providing the online services described above, and if in the future, Qwizdom, or substantially all of its assets are acquired, the control of the data may be transferred to the acquiring party, provided that the acquiring party implement a privacy and security policy at least as restrictive and secure as Qwizdom’s present policy in relation to the data.
Other than the acquiring party and Qwizdom affiliates referred to above, Qwizdom will not intentionally disclose data to anyone other than the Participant who shared the data or the Organization (i.e., school) at which direction data related to the Participant is being collected, unless required to do so by law. (Please note, that Presenters that provide content via any of the Qwizdom Online Product “content” sharing tools should be careful to redact Participant information from shared content, because shared content may in some cases be viewable online by the public. Qwizdom will not monitor the content to review for personal data).
Qwizdom Online Product users (e.g., Organization, Presenter, Participant and their Guardians) always have the option to stop using Qwizdom Online Products. A request to "Opt Out" can be made directly to Qwizdom at Optout@Qwizdom.com and will result in termination of the user's access to any online activities that require a username/ID and password, and this will necessarily terminate the user's ability to use any of the features so that the user will not be able to use online services, complete work online, review materials online, or provide information online. In addition, if the user requires that Qwizdom delete the user’s personal information, the user should include the phrase “delete personal information” in the email that the user sends to request to “Opt Out.” If Qwizdom receives a request to “Opt Out” and/or “delete personal information,” Qwizdom will have the right to verify, through the Organization, Presenter, Participant, or Guardian for the Participant, the requests before taking action to do so.
Qwizdom may allow residual data to reside within its online service even after deletion by a user for an indefinite period. But this privacy and security policy shall continue to apply to the residual data.
Qwizdom has the right and sole discretion to change its privacy and security policies at its sole discretion, at any time. If Qwizdom changes its privacy or security policy, Qwizdom will transmit those changes to you or post them at www.qwizdom.com, or at another website which Qwizdom will announce to your Organization or to you directly.
If you have any questions or suggestions regarding Qwizdom’s privacy and security policy, please contact Qwizdom using the contact information provided at www.qwizdom.com, or by email at email@example.com.
6. USER CONDUCT. Users, including all Presenters and Participants, promise NOT to use Qwizdom Online Products for any of the following purposes or activities:
a. conducting or supporting illegal activity of any type whatsoever;
b. transmitting or storing worms or viruses or any code of a destructive nature;
c. threatening, harassing, abusing, impersonating, injuring or intimidating others;
d. interfering with others' use of Qwizdom Online Products, unless such interference is for the purpose of complying with another section of these Terms;
e. delivering spam or collecting information to deliver spam, or sending unsolicited advertisements;
f. decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in Qwizdom Online Products;
g. disguising the origin of any content transmitted through Qwizdom Online Products or manipulating your presence on a Qwizdom site or service; and/or
h. causing the launch of any automated system(s) that access a Qwizdom site / service in a manner that sends more request messages to Qwizdom servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. QWIZDOM USERNAME/ID AND PASSWORD POLICY. In order to utilize Qwizdom Online Products that include reporting tools, you (Presenter or Participant) will be required to have a username/ID and password. Participant Usernames/IDs can also be used by parents/guardians of minor children for access. All passwords must contain at least eight (8) alphanumeric characters. Qwizdom may, at its sole discretion, and without prior notice to any parties, change your password and/or username/ID and provide notice to the Organization of the same, and/or require that you change your username/ID and/or password. You understand and agree that you are solely responsible for safeguarding all access rights that you have for any material and data accessible under your username/ID and/or password. Therefore, you must guard and diligently protect these.
8. NON-TRANSFERABILITY OF Qwizdom ID. Any Qwizdom password and/or username/ID is not transferable or assignable.
9. CONTENT GENERAL. You are responsible for your conduct and activities arising during use of Qwizdom Online Products and for any content or data you provide to or through Qwizdom Online Products. You agree that Qwizdom is not responsible for, nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity or otherwise offensive material in any of the content or data provided to Qwizdom by users. You also understand that Qwizdom does not, and has no obligation to, monitor, pre-screen nor pre-approve content or data, but that Qwizdom shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content or data that is available via Qwizdom Online Products, for any reason, including a violation of any of these Terms.
10. CONTENT-OWNERSHIP AND WARRANTIES YOU PROVIDE
You warrant and represent to Qwizdom that you are not infringing the intellectual property rights of others whenever you provide content or data on or through Qwizdom Online Products and that you are fully authorized to transmit all such content or data. You agree to fully indemnify and hold Qwizdom harmless for any infringement of the rights of others caused by your use of Qwizdom Online Products, as further set forth in Section 16 below. You agree that your use of Qwizdom Online Products does not grant you any ownership or other intellectual property rights in any aspect of Qwizdom Online Products, or any content or data provided by other users. You also agree that Qwizdom is not responsible for protecting any intellectual property rights you, or another party, may assert in the content or data you provide to Qwizdom Online Products.
11. LICENSE YOU PROVIDE TO QWIZDOM AND OTHER USERS
Qwizdom does not claim ownership in the content or data you provide; however, by providing content or data to Qwizdom Online Products, you are granting Qwizdom, and its affiliates, a fully paid-up, perpetual license to use, store, modify, copy, make derivative works of, make compilations containing, and transmit any such content or data for the purpose of carrying out the services in Section 3 above in accordance with these Terms.
12. COPYRIGHT INFRINGEMENT ALLEGATIONS FOR CONTENT
Qwizdom responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you have a "good faith" belief that content provided on Qwizdom Online Products infringes your rights, and you wish for Qwizdom to address the accused infringing content, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled "Notification":
(1) Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?
(2) Identify the content that you claim is infringing the copyright work. You also need to provide enough information for Qwizdom to locate the accused content.
(3) Provide your contact information, including full name, mailing address, telephone number, and email address, if available.
(4) Provide a statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."
(6) Provide your signature on the Notification (or an electronic signature).
(7) Send your Notification to our Designated Agent address at:
12617 Meridian E. Puyallup, WA 98373
You should take statements 4, 5 and 6 above in the Notification very seriously. Complainants can be forced to pay significant fines and sanctions for misrepresenting copyright claims. If Qwizdom receives your Notification and it substantially complies with the above requirements from the DMCA, Qwizdom will remove or disable access to the accused Materials, subject to all other requirements of the DMCA. If Qwizdom removes or disables access to the accused Materials, it attempt to notify the user (if the user's contact information is reasonably available to it) who uploaded the accused Materials. That user will be provided an opportunity to submit a "Counter Notification." If Qwizdom receives a "Counter Notification", it will provide a copy to you accompanied by a notice explaining that Qwizdom needs to replace the removed Materials, or cease disabling access to it in ten business days, unless Qwizdom's Designated Agent first receives notice from you that you have filed an action in court seeking an order to restrain the user from engaging in infringing activity relating to the accused Materials on Service.
Repeat infringers will lose access permanently to Qwizdom Online Product on which the infringement occurred.
13. CHANGES. Qwizdom reserves the right to change these Terms at any time, for any reason, and without notice, including the right to terminate Qwizdom Online Products at any time, at Qwizdom’s sole discretion (subject to any agreements or license terms/durations agreed upon between Qwizdom and your Organization). Therefore, it is your responsibility to review these Terms and Conditions from time to time so you will be apprised of any changes.
ALL QWIZDOM ONLINE PRODUCTS ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZDOM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE QWIZDOM ONLINE PRODUCTS. QWIZDOM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE QWIZDOM ONLINE PRODUCTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QWIZDOM ONLINE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL QWIZDOM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE QWIZDOM ONLINE PRODUCTS (WHICH INCLUDES ITS ASSOCIATED PRODUCTS AND SERVICES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF QWIZDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE QWIZDOM ONLINE PRODUCTS, FROM INABILITY TO USE THE QWIZDOM ONLINE PRODUCTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE QWIZDOM ONLINE PRODUCTS OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE QWIZDOM ONLINE PRODUCTS.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. GOVERNING LAW. All legal issues arising from or related to the use of Qwizdom Online Products shall be construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles. By using Qwizdom Online Products and agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington with respect to disputes arising out of or relating to these Terms or your use of Qwizdom Online Products.
16. INDEMNIFICATION. You agree to defend and indemnify Qwizdom from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of Qwizdom Online Products by a third party where such misuse was made available by your failure to take reasonable measures to protect your ID and password against misuse.
17. TERMINATION: If you breach or violate the letter or spirit of these Terms, Qwizdom can immediately stop providing all or part of Qwizdom Online Products to you without notice and Qwizdom can terminate all related licenses granted to you, at Qwizdom’s discretion, except that, if you have contracted with Qwizdom for a specified license term, Qwizdom shall provide thirty (30) days advance notice to you with an opportunity to cure the breach, and except that, if such breach involves improper use or disclosure of Participant personal information, Qwizdom can terminate all or some licenses to you for the Qwizdom Online Products and stop providing all or some Qwizdom Online Product services to you immediately, regardless of whether you have contracted with Qwizdom for a specified license term, and such termination due to breach shall not accompany a refund or partial refund of moneys paid for any portion of a license term.
18. ENTIRE AGREEMENT. These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements between Qwizdom and you with respect to the subject matter herein, unless otherwise indicated above.
IF YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS, PLEASE CLICK BELOW. IF YOU AGREE, YOU ARE AGREEING ON BEHALF OF YOURSELF AS AN INDIVIDUAL AND/OR ON BEHALF OF YOUR ORGANIZATION FOR WHICH YOU ARE USING THE SERVICE.