Xamplr Terms of Service
(Date of last revision 10/20/19)
Children Under 13
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.
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 (email@example.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.
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:
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:
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:
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
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.
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.
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.
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 firstname.lastname@example.org