INSCRIBE TERMS OF SERVICE

ACCEPTING THE TERMS OF SERVICE 

InScribe (“the System”) is a collection of web and mobile websites and applications owned and operated by InScribe Education, Inc. (“InScribe”), a Delaware corporation. Please read these terms of service (“Agreement”) carefully before using the System or any services provided on the System (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”). 

Your access is governed under the following terms and conditions: 

1. ACCESS TO THE SERVICES

You are accessing the Services solely for your own use, and not for the use or benefit of any third party.  

InScribe may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. InScribe may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability.  

InScribe reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the System or by providing notice via email. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified. 

You certify to InScribe that you are at least 13 years of age. No one under the age of 13 may provide any personal information to or on System (including, for example, a name, address, telephone number or email address).  

You certify that you are legally permitted to use the Services and access the System. This Agreement is void where prohibited by law, and the right to access the System is revoked in such jurisdictions. InScribe makes no claim that the System may be lawfully viewed or that Content may be downloaded outside of the United States.  

You agree that neither InScribe nor the System will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the System, the service, any Subscriber Content, or other Content. 

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the System, or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. 

2. SYSTEM CONTENT 

The System and its contents are intended solely for the use of the System Subscribers and may only be used in accordance with the terms of this Agreement.  

All materials displayed or performed on the System, including, but not limited to, text, graphics, photographs, images, illustrations, software or source code, and audio and video (individually, “Content Items”, collectively, “Content” (other than Content posted by Subscriber (“Subscriber Content”)) are the property of InScribe and/or third parties and are protected by the United States and international copyright laws. 

All trademarks, service marks, and trade names are proprietary to InScribe and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

Other than expressly set forth in the copyright and content licensing terms of individual Content Items, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. 

Any downloading, copying, or storing of Content (other than Subscriber Content) is expressly prohibited without prior written permission from InScribe, or from the copyright holder identified in such Content's copyright notice.  

3. SUBSCRIBER CONTENT 

Subscriber Content means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through the System. You will retain all right, title and interest in and to Subscriber Content. 

Subject to the terms of this Agreement, you hereby grant to InScribe a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Subscriber Content, in each case solely to the extent necessary to provide the applicable Services to you and (b) for Services that enable you to share Subscriber Content or interact with other people.

Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm or other component that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. InScribe reserves the right to remove any Subscriber Content from the System, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to InScribe and/or the System under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if InScribe is concerned that Subscriber may have breached the immediately preceding sentence). 

4. RESTRICTIONS 

Subscriber will not engage in any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement. Violation may be grounds for termination of Subscriber’s right to Services or to access the System.  

Use of the System or Services to violate the security of any computer System, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the System or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the System or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the System, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material. 

5. WARRANTY DISCLAIMER 

InScribe has no special relationship with or fiduciary duty to Subscriber. InScribe does not monitor the Content of the System and takes no responsibility for such Content. Subscriber releases InScribe from all liability for Subscriber having acquired or not acquired Content through the System.  

Although InScribe and the System will make reasonable efforts to store and preserve the material residing on the System, neither InScribe nor the System is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the System.  

To the fullest extent allowed by law, InScribe disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this System. By using this System, you acknowledge that InScribe is not responsible or liable for any harm resulting from (1) use of the System; (2) downloading information contained on the System including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the System. 

6. THIRD PARTY WEBSITES 

Users of the System may gain access from the System to third party sites on the Internet through hypertext or other computer links on the System. Third party sites are not within the supervision or control of InScribe or the System. Unless explicitly otherwise provided, neither InScribe nor the System make any representation or warranty whatsoever about any third party site that is linked to the System, or endorse the products or services offered on such site. InScribe and the System disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information). You might be requested to give any third party, and You hereby irrevocably waive any claim against the System or InScribe with respect to such sites and third party content. 

7. REGISTRATION AND SECURITY 

As a condition to using Services, Subscriber may be required to register with InScribe and select a password and profile name. Subscriber shall provide InScribe with accurate, complete, and updated registration information, including Subscriber’s email address. InScribe reserves the right to refuse registration of, or cancel a profile name, in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the System and InScribe from any and all liability concerning such activity. Subscriber agrees to notify InScribe immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. 

8. INDEMNITY 

Subscriber will indemnify and hold InScribe, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the System, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity. 

9. LIMITATION OF LIABILITY 

In no event shall InScribe, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the System or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the System, errors or omissions; or (d) damages related to downloading or posting Content. InScribe's and the System's collective liability under this agreement will in no event exceed the total fees paid to InScribe by you for the specific products and services from which the loss arises.    

10. MISCELLANEOUS 

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. InScribe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond InScribe's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. 

This Agreement is not assignable, transferable or sub-licensable by Subscriber except with InScribe’s prior written consent. InScribe may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind InScribe in any respect whatsoever. 

Any notice to the System that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@inscribeapp.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to ATTN: InScribe Support, InScribe Education Inc., 2221 E. Arapahoe Rd, #3922 Littleton, CO 80122-9998 

COPYRIGHT POLICY 

InScribe has adopted the following policy toward copyright infringement with respect to the System in accordance with the Digital Millennium Copyright Act. The address of InScribe's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. 

REPORTING COPYRIGHT INFRINGEMENTS 

If You believe that content residing or accessible on the System infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:  

  1. Identification of the work or material being infringed.

  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that InScribe is capable of finding and verifying its existence.

  3. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.

  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.

  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.

  6. The Notifying Party's physical or electronic signature.

After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, InScribe shall:  

  1. Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the System.

  2. InScribe will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.

  3. InScribe reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.

DESIGNATED AGENT

Attn: Copyright Agent, InScribe Education, Inc., 2221 E. Arapahoe Road, #3922 , Littleton, CO 80122-9998

Email: support@inscribeapp.com