Teachingkrow Service is the Service of Bhavyam Infotech Services Pte Ltd which includes website of Teachingkrow.
The following Teachingkrow Service Terms of Service is a legal contract between you and Teachingkrow Service regarding your use of the Teachingkrow Service, and the use of the Teachingkrow Service by your personnel.
IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE Teachingkrow SERVICE.
The Teachingkrow Service is not available to persons under the age of 18 unless the content provided specifically allows for viewership for persons below age 18 or to any users previously suspended or removed by Teachingkrow Service.
You hereby represent and warrant that you are:
(1) An authorized representative of the company, entity, or organization identified in your account submission (the "Subscriber"), with the authority to bind such organization to these terms, and that you agree to these terms on behalf of such subscribing organization.
(2) An Authorized User (as defined below). References to "You" or "Subscriber" herein refer to:
i) Subscriber's corporate entity.
ii) Users accessing the Teachingkrow Service on behalf of Subscriber.
iii) Authorized Users.
YOU HEREBY REPRESENT THAT SATISFY THE ABOVE CRITERIA.
Access to the Teachingkrow Service. Subject to full compliance with these Terms, including without limitation payment of any applicable Service Fees (as defined below), and solely as enabled through the use of the intended features of the Teachingkrow Service, Teachingkrow Service hereby grants Subscriber permission during the Term to use the Teachingkrow Service to
(1) Upload and distribute Your authorized content, including without limitation, videos, images, presentation materials, documents and other text, and any other files or materials you submit, provide, or post through the Teachingkrow Service ("Subscriber Submissions"),
(2) Communicate with other users, including Authorized Users (as defined below),
(3) To access and configure your account settings and parameters, and list of Authorized Users, to
(4) Access and view and
(5) To access, view, and download or print a reasonable number of copies of content from the Teachingkrow Service, including analytics provided to You by Teachingkrow Service.
(1) For maintaining the confidentiality of account password(s)
(2) For restricting access to Subscriber's account and
(3) For all activities that occur under Subscriber's account or password(s). If Subscriber has reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any applicable payment account), Subscriber shall immediately notify Teachingkrow Service. Subscriber may be liable for the losses incurred by Teachingkrow Service or others due to any unauthorized use of Subscriber's account on the Teachingkrow Service.
Teachingkrow Service may allow You to sign up for an initial promotional or trial account at a reduced fee or for no fee for a limited time period. In such a case, Your account on the Teachingkrow Service (and Your access to the Teachingkrow Service) will be discontinued upon the termination of the stated trial or promotional period, unless You have signed up for a full paid subscription prior to the end of the trial or promotional period.
Server storage space, subject to applicable posted limits, where Subscriber can upload and store its proprietary content and bandwidth to enable display of your materials to Authorized Users (as defined below)
Online tools to enable authoring and configuration of Your content, including arranging materials you submit through the Teachingkrow Service into discrete presentations, called Presentations (as defined below)
Authentication systems to enable Subscriber to make Subscriber Submissions available to all users of the Teachingkrow Services, or to restrict access to Subscriber Submissions to certain authorized users, as specified by Subscriber and modified from time to time, including without limitation, any users that you may enable to access the Subscriber Submissions by use of embeddable Widgets (as defined below) (any such user the Subscriber grants access to its Subscriber Submissions, an "Authorized User")
Online tools to configure subscription levels
Access to Subscriber Submissions and Presentations, both directly through the Teachingkrow Service as well as through an embeddable player and other widgets, as described below
Online help tools and materials, as well as certain additional technical support services, by email and telephone, depending upon the subscription level, as described in more detail in the Teachingkrow Service Support Policy and
Web analytics tools to track users, and user viewing hours.
Teachingkrow Service charges subscription fees based on the amount of user hours of viewing time Subscriber wishes to enable, subject to posted minimums (the "Subscription Fees"). All fees charged are exclusive of any federal, state, municipal, or other taxes of any kind that may be levied on your use of the Teachingkrow Services, except for taxes charged on Teachingkrow Service's net income.
You may change Your subscription level at any time by configuring the change through the Teachingkrow Service, and the change (including the application of the new Subscription Fees for the modified service level) will apply effective as of the first day of the following month. If You increase Your subscription level, You will have the benefit of the increased level during the month in which the change is made. Notwithstanding, if Teachingkrow Service determines or suspects misuse or abuse of these features to minimize or eliminate accrual of Service Fees, Teachingkrow Service may, in addition to any other remedies it may have at law or at equity, terminate or suspend Your account on the Teachingkrow Service.
Teachingkrow Service reserves the right to modify fees on a going-forward basis, including adding new fees and offering certain features to some or all users at discounted rates or free of charge, without liability to you. Fees will be charged based on Teachingkrow Service's then-current prices, which will be posted on the Teachingkrow Service 30 days in advance of the effective date. Teachingkrow Service will use reasonable efforts to notify Subscriber of material changes to Service Fees, and Subscriber may discontinue use of the Service in the event such fees are not acceptable. A current listing of Teachingkrow Service's fees is located at the Teachingkrow Service Pricing Page.
Teachingkrow Service only accepts payments by credit card, as indicated in the applicable payment page, and such payments are processed by Teachingkrow Service's third party payment processor. Subscriber shall ensure that payment information provided to Teachingkrow Service is at all times current, complete and accurate, and notify Teachingkrow Service if Your account is changed or canceled (e.g., if it is compromised or deactivated), and agrees that Teachingkrow Service may charge the payment instrument You provide for any applicable Service Fees. If the charge fails, is declined, or if Your account is past due for any reason, Teachingkrow Service may collect fees owed using other collection mechanisms. Subscriber's account may be deactivated without notice if payment is past due, regardless of the dollar amount.
Subscription Fees are charged on the first day of the month according to the subscription levels configured by Subscriber in effect at that time. Subscription Fees for the first month of the subscription period are charged on a prorated basis, on the first of the following month, along with that month's payment.
No Refunds. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO Teachingkrow SERVICE WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED. EXCEPT AS PROVIDED IN SECTION , ALL SERVICE FEES ARE NONREFUNDABLE.
Term. The term of these Terms shall commence on the Effective Date and continues until terminated in accordance with the terms hereof (collectively, the "Term").
Either party may terminate the Teachingkrow Service for convenience at any time for any reason, provided however, that as to Subscriber, such termination will not be effective until the end of the then-current calendar month. Without limiting the generality of the foregoing, Teachingkrow Service may suspend and or terminate You account at any time for any actual or suspected misuse or abuse of the Teachingkrow Service, or Your breach of any of Your representations, warranties, covenants, or other obligations under these Terms.
Teachingkrow Service reserves the right, in its sole discretion, to suspend Your right to access the Teachingkrow Service at any time and for any length of time. In the event and for the duration of any such suspension, You may be able to log in to Your account and access certain administrative functions, but You (and/or Your Authorized Users) may be restricted from any or all access to Your Subscriber Submissions and/or Presentations.
As provided in these Terms, Teachingkrow Service does not permit copyright infringing activities on the Teachingkrow Service, and will terminate access to the Teachingkrow Service, and remove all Subscriber Submissions or other content submitted by any Subscriber or Authorized User who is found to be a repeat infringer.
Immediately upon termination, Your rights to access the Teachingkrow Service cease, and Teachingkrow Service may immediately cease making Your Subscriber Submissions and Presentations available to You and any other Authorized Users or other users, including through any Widget. In the event of a termination of this Agreement by Teachingkrow Service pursuant to Section , any Service Fees paid by Subscriber in respect of viewer hours subscribed to but not yet utilized shall be refunded to Subscriber within thirty (30) days of the cessation of the Teachingkrow Service. Any amounts then outstanding shall be due and payable upon the effective date of termination, and Teachingkrow Service reserves the right to charge Your payment instrument directly upon termination for any such outstanding Service Fees. In addition, Teachingkrow Service may offer, on a fee for service basis, engineering support services to Subscriber to facilitate the return to Subscriber of the Subscriber Submissions in unsynchronized form, but in no event will Teachingkrow Service release the synchronized Presentations to You.
You retain all right, title and ownership to all intellectual property rights in original aspects of Your Subscriber Submissions. By submitting Subscriber Submissions to the Teachingkrow Service, You hereby grant to Teachingkrow Service a limited license to host, transfer, display, perform, reproduce, distribute, transmit, and modify Your Subscriber Submissions, solely in order to provide Your Subscriber Submissions to Authorized Users through the Teachingkrow Service. For clarity, the foregoing license includes the right to combine and process individual Subscriber Submissions along with Your other Subscriber Submissions, into larger collections comprising a single presentation (each, a "Presentation"), solely at Your direction through Your use of the Teachingkrow Service, and to make such uses of Presentations as can be made of Subscriber Submissions generally. You agree that, subject to Your rights in the underlying Subscriber Submissions, you do not gain any ownership rights in any Presentation, nor do you have any right to download, capture, or otherwise retrieve a copy of any Presentation, or reproduce or redistribute copies of any Presentation.
You grant Teachingkrow Service the right to use Your name and/or likeness and/or any names and/or likenesses that You submit in connection with Your Subscriber Submissions in connection with operating the Teachingkrow Service. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights with respect to Your Subscriber Submissions. You hereby grant Teachingkrow Service a worldwide, non-exclusive, license to publish, broadcast and use the name, picture, voice, likeness, and/or biographical information of any individual that You submit in connection with Your Subscriber Submissions solely for the purpose of operating and promoting the Teachingkrow Service.
You are solely responsible for Your User Submissions and the consequences of posting or publishing them. By uploading and publishing Your User Submissions, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have all the necessary licenses, rights, consents, and permissions to use and to authorize Teachingkrow Service to use and distribute Your Subscriber Submissions as necessary to exercise the licenses granted by You in this Agreement
(2) Your Subscriber Submissions do not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
(b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
(3) Your Subscriber Submissions do not contain unlawful, fraudulent, false or misleading instruction, information, or material, or advocate , any unlawful, fraudulent, or unethical activity.
(4) You possess the knowledge and skill in the field that Your Subscriber Submissions focus on to provide meaningful instruction in such field.
(5) Your Subscriber Submissions are not targeted at, intended for, or designed to appeal to, users under the age of thirteen.
(6) Your Subscriber Submissions do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of third-party rights may be subject to criminal and civil liability.
Teachingkrow Service is not responsible for the quality, accuracy, usefulness, or intellectual property rights of or relating to Subscriber Submissions and other content, and Teachingkrow Service makes no representation as to Your skill, knowledge, accreditation, credential, or expertise. Teachingkrow Service does not endorse Your Subscriber Submissions or any content, opinion, recommendation, or advice expressed therein, and Teachingkrow Service expressly disclaims any and all liability in connection with Subscriber Submissions and other content. If notified by a content owner of an Subscriber Submission or other content that allegedly does not conform to these Terms, Teachingkrow Service may investigate the allegation and determine in its sole discretion whether to remove the Subscriber Submission or other content, which it reserves the right to do at any time and without notice. For clarity, Teachingkrow Service does not permit copyright infringing activities on the Teachingkrow Service.
Teachingkrow Service may supply certain "embeddable widgets", consisting of HTML code that enables You to expose certain features of the Teachingkrow Service through other web sites ("Widgets"), such as Your personal web site or social networks You subscribe to, including without limitation an embeddable player widget which allows You to enable access to Your Subscriber Submissions through Your own web site or third party web sites that allow inclusion of such widgets. Widgets are expressly a part of the Teachingkrow Service, and their use is governed by these Terms and any applicable associated guidelines. You may only embed Widgets on other web sites as originally provided to You by Teachingkrow Service without modification. You must ensure that any logos, branding and other visual interface elements are visible and unmodified. You may not use Teachingkrow Service Widgets in a way that might confuse third parties as to the source or origin of the Widget itself, or the source of the service or content that the Widget connects to and exposes. Further, Your rights with respect to what materials You may incorporate into third party services are governed by separate terms, which may prohibit the use of Teachingkrow Service Widgets. It is solely Your responsibility to determine whether such use is permitted by a particular third party provider, and You agree to indemnify and hold Teachingkrow Service harmless from any harms or liabilities arising in connection with Your use of Widgets on third party web sites.
The Teachingkrow Service is owned and operated by Bhavyam Infotech Services Pte Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Teachingkrow Service provided by Teachingkrow Service (the "Materials") are protected by the relevant copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Teachingkrow Service are the property of Teachingkrow Service or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Teachingkrow Service or its affiliates and/or third-party licensors. Except as expressly authorized by Teachingkrow Service, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Teachingkrow Service reserves all rights not expressly granted in these Terms.
You Agree Not to use the Teachingkrow Service for any purposes other than
(1) To disseminate or receive original or appropriately licensed educational content or information, or
(2) To access the Teachingkrow Service as such services:
(i) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 9, above).
(ii) Download, capture, or otherwise reproduce, distribute, or redistribute any content from the Teachingkrow Service (including without limitation any Presentations), except as expressly authorized herein.
(iii) Post, upload, or distribute any Subscriber Submission or other content that is defamatory, libelous, inaccurate, unlawful (including in violation of any intellectual property or similar laws), or that a reasonable member of Your group of Authorized Users could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
(iv) Post, upload, or distribute any Subscriber Submission or other content that is targeted at, intended for, or designed to appeal to, users under the age of eighteen (18) years old.
(v) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Teachingkrow Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(vi) Modify, adapt, translate or create derivative works based upon the Teachingkrow Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(vii) Interfere or attempt to interfere with the proper workings of the Teachingkrow Service or any activities conducted on the Teachingkrow Service.
(viii) Upload or post any Subscriber Submissions that are encrypted, or otherwise unreadable or unviewable by Teachingkrow Service.
You agree to indemnify, save, and hold Teachingkrow Service, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Teachingkrow Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein, including without limitation any claims
(1) That Your Subscriber Submissions violate any intellectual property right or other proprietary right of a third party, or
(2) Arising in connection with instruction or information You provide or any communication or contact with other users You initiate or engage in through the Teachingkrow Service, whether through Your Subscriber Submissions or through use of any communication feature of the Teachingkrow Service such as private messaging, chat, Office Hours, or otherwise. Teachingkrow Service shall use reasonable efforts to notify You of any such claim of which it becomes aware and shall be entitled to assume, at Your expense, the defense of any such claim. In the event that Teachingkrow Service allows You to conduct the defense of such claim, You shall not, without Teachingkrow Service's prior written consent, acquiesce to any judgment or enter into any settlement of such claim.