Xamplr Terms of Service                                                

(Date of last revision 10/20/19)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE HTTP://XAMPLR.COM WEBSITE (THE “SERVICE”) OPERATED BY XAMPLR INC. BY ACCESSING OR USING THE XAMPLR SERVICE, YOU AGREE TO BECOME BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS INCLUDED HEREIN, THEN YOU MAY NOT ACCESS OR USE THE SERVICE.

Children Under 13

In accordance with the Children’s Online Privacy Protection Act ("COPPA"), if you are under the age of 13, you are not permitted to use the Service without parental consent and an active school license. If you are a teacher or school administrator, you must collect parental consent before enrolling students under the age of 13 in Xamplr classes. Please review our Privacy Policy for more details.

Responsibility of Use

You acknowledge and agree that your use of the Service is subject to applicable federal, state, and local laws. You are entirely responsible for your use of the Service, including but not limited to communications with other Users and abiding by any and all applicable laws during such use. Further, you indemnify, hold harmless and will defend us against any and all damages, losses, costs and other expenses related to claims and other actions against us as a result of your use of the Service.

You agree you will not interfere, in any way, with any other User’s use of or access to the Service and will not attempt to gain unauthorized access to the account or computer system of any other User. You further agree not to take any other action in connection with your use of the Service with respect to another User which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Service as pertaining to other Users.

Your Account

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately (brad@xamplr.com) upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content at our sole discretion.

Privacy

Your privacy is important to us. Our privacy policy explains how we treat your personal data and is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Xamplr’s collection, use, and disclosure of your personal information.

If you are a student that uses an account registered for you by a Educator or otherwise connected to an Educator, you agree that Xamplr may disclose your information to the Educators associated with your account. If you are a Educator, you agree not to share student information you receive from Xamplr with anybody other than authorized agents of the classroom, school district, or other educational establishment you represent. Xamplr does not use student data for any targeted or behavioral advertising, profiling, or onward disclosure.

Responsibility of Contributors

If you create examples, non examples or To Do lists on the Service, or otherwise make material available by means of the Service (referred to collectively as "Content") you are entirely responsible for the composition of, and any harm resulting from, that Content. By posting Content on or through the Service, You represent and warrant that:

• the Content is your original work and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms.
• the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Prohibited Content

You may post only educational and study-related Content to the Service. The following are examples of Content prohibited to post on or through the Service. Xamplr reserves the right to investigate and take appropriate legal action against anyone who, in Xamplr's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Xamplr:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains sexually suggestive, excessively violent, or offensive subject matter;
• solicits personal information from anyone under 18 years old;
• publicly posts information that poses or creates a privacy or security risk to any person;
• includes information about another person that you have posted without that person's consent;
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
• contains or promotes an illegal or unauthorized copy of another person's copyrighted work;
• solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
• furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• involves commercial activities and/or sales without prior written consent from Xamplr, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
• violates any and all applicable laws or regulations.

Prohibited Activities.

You may only engage in educational and study-related activities while using the Service. The following are examples of the kind of activity that is prohibited on the Service. Xamplr reserves the right to investigate and take appropriate legal action against anyone who, in Xamplr's sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
• impersonating or attempting to impersonate another user, person or entity;
• using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
• using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
• any automated use of the system, such as, but not limited to, using scripts to create or post Content;
• interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
• displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
• reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
• using the Service in a manner inconsistent with any and all applicable laws or regulations.

License

By submitting Content or any other material to Xamplr for inclusion on the Service or for any other purpose, for example posting a study set, answering a survey or sending Xamplr an email, you grant Xamplr a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). additional uses by Xamplr, or other companies or individuals who partner with Xamplr, may be made with no compensation paid to you with respect to the Content or material that you submit, post, or otherwise make available to Xamplr or through the Service

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright & DMCA Notification Procedure

Xamplr respects the intellectual property rights of others. If you believe that material located on or linked to by Xamplr violates your copyright, you are encouraged to notify Xamplr with all information in accordance with DMCA Section 512(c)3 Elements of Notification. Xamplr will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Xamplr or others, Xamplr may, in its discretion, terminate or deny access to, or use of, the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Xamplr, or Xamplr‘s directors, officers, shareholders, employees, agents, representatives, suppliers and licensors, be liable for any indirect, special, incidental, consequential, or punitive damages arising out of the use of, or inability to use, or access to, the Service or Third-Party Software, including, without limitation, work disruptions, incomplete work, damages for loss of goodwill, computer failure or malfunction, or any and all other personal or commercial damages or losses, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Xamplr is not responsible for any liability arising out of the Service or any material linked through the Services.

Furthermore, you acknowledge and agree that any Furthermore, you acknowledge and agree that any damage caused to our or a User‘s computer system as a result of using the Service or downloading material from the Service is at your own risk and/or your own responsibility.

Indemnification

Users agree to indemnify, defend and hold Xamplr, and its directors, shareholders, officers, agents, affiliates, representatives and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Service, any Third-Party Software and your conduct in connection with the Service or with other users of the Service.

Changes

Xamplr may at any time, change, modify, add, or delete portions of these Terms of Service at any time without further notice. If updated, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.

Entire agreement

These Terms are the entire and exclusive agreement between Xamplr and you regarding the Services (excluding any services for which you have a separate agreement with Xamplr that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Xamplr and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.

If you have any questions about any of these terms please contact us at brad@xamplr.com