Terms of Use
ACCEPTANCE OF TERMS OF SERVICE
The following sets forth the agreement (this “Agreement”) between you and KERMODE Education Inc., doing business as KERMODE (with its affiliates, “KERMODE,” “we” or “us”) under which you may use KERMODE’s website located at KERMODEeducation.com (the “Website”) and all pages owned and operated by KERMODE, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and KERMODE’s mobile application or any future mobile applications (the “Mobile Application”), and all other elements of the KERMODE service and other materials that are provided by or in connection with the KERMODE service (collectively, the “KERMODE Service”).
By accessing or using the KERMODE Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound this Agreement, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of the KERMODE Service. Users also must confirm compliance with the terms in Acceptable Use, Prohibited Consent, below. KERMODE reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service.
Please read this Agreement carefully to ensure that you understand each provision.
Where permitted by applicable law, this agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
The term “you” or “your” refers to you whether you are a Visitor” (which means that you simply browse the KERMODE website and Service), or a “User” of the Service. An “Individual User” as used in these Terms may be a teacher or school or district/board administrator using the free KERMODE Service. Where applicable, “you” or “your” also means a school or school district or other educational institution otherwise known as an “Enterprise User” using the subscription KERMODE Service, with whom the User is associated either as a student, teacher, school or district administrator, principal, or parent of a student and is authorized by the Enterprise User to use the Service (an “Authorized User”). The term “User(s)” as used herein will refer to all users of the Service: Individual Users, Authorized Users, and Enterprise Users. In this document, we use the term “School” to refer to teachers, principals, school districts/boards, school administrators and any other User acting on behalf of an educational institution, regardless of whether the User is an Individual User or an Enterprise User. We also use the word “Parent” to refer to both parents and guardians who are responsible for a student.
If you open a KERMODE account on behalf of a school, district, company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to KERMODE with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Use of and membership in the KERMODE Service is void where prohibited. By using the KERMODE Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; (b) you agree to comply with this Agreement; (c) you acknowledge reading and agreeing to the terms of the KERMODE Privacy Policy (www.KERMODEeducation.com/privacy-policy); (d) all registration information you submit is truthful and accurate; (e) you will maintain the accuracy of such information; (f) your use of the KERMODE Service does not violate any applicable law or regulation; (g) your KERMODE account has not been suspended or disabled in the past. If you are representing an entity, by using the KERMODE service, you are certifying that you are authorized to legally bind the entity to this agreement. If you under the age of majority applicable in the jurisdiction where you are resident, you may only use the KERMODE Service and disclose information to us with your parent’s or guardian’s express consent.
You can review the most current version of this Agreement above. The most current version will supersede all previous versions. By continuing to use the KERMODE Service after changes are made, you agree to be bound by such changes.
Description of KERMODE Service
KERMODE empowers educators, parents, adult learners, students, and kids to explore media/digital literacy and digital citizenship thus improving their ability to evaluate online sources and build the skill necessary to thrive in our increasingly digital world.
ELECTRONIC COMMUNICATIONS
By downloading and/or using the KERMODE Service, you consent to receiving electronic communications and notices from KERMODE. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
OWNERSHIP
You agree that use of the KERMODE Service does not constitute any basis for ownership of the KERMODE Service and that KERMODE, its affiliates or its licensors own all legal right, title, and interest in and to the KERMODE Service and all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of KERMODE on the KERMODE Service (specifically excluding any of your User Content (as defined below) (collectively, “KERMODE Content”)). The KERMODE Service and all of the KERMODE Content, and the selection and arrangement thereof, are protected by the copyright laws and other intellectual property laws. We reserve all rights not expressly granted herein in and to the KERMODE Service and KERMODE Content. Unless otherwise noted, the KERMODE name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the KERMODE Service are the property of KERMODE, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the KERMODE Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the KERMODE Service or any of the KERMODE Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the KERMODE Service or KERMODE Content.
USER CONTENT
You are solely responsible for any content that you create, transmit, or display while using the Services. You further acknowledge and agree that your access to the Services and any User Content posted by other users shall by at your own risk and KERMODE is not liable for any errors, or omissions in any User Content, whether posted by you or another User, nor is KERMODE liable for any damages or losses you might suffer in connection with such User Content or other content available on the Service. We have no duty to take any action regarding how you may interpret or use the content available on the Service, including other User’s User Content, and you explicitly release us from all liability for any and all User Content and other content you have accessed, downloaded, or acquired through the Services.
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”). KERMODE does not endorse or approve any User Content that you or other Users contribute or post. KERMODE respects the intellectual property rights of others. You must have the legal right to upload any User Content to the KERMODE Service. You may not upload or post any User Content to the KERMODE Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
By posting your User Content, you do not lose any ownership rights you may have to it. However, you understand that certain portions of the KERMODE Service allow other Users to view, edit, share, and/or otherwise interact with your User Content, as detailed below. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. KERMODE has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. KERMODE may also aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering such aggregated information to third parties in connection with operating, accessing and marketing the KERMODE Service. Such aggregate information will not contain any personal information which could identify an individual or institution.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the KERMODE Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to KERMODE a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, copy, print, distribute, display and perform (“Use”) of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, solely as necessary to provide the Services as set forth herein. You also grant each user of the KERMODE Service a non-exclusive license to access your User Content through the KERMODE Service and to Use your User Content as permitted through the functionality of the KERMODE Service (subject to your account settings and permissions and any copyright notices you include in your User Content), the account settings and data sharing functionality of the School or Enterprise User with which your account may be associated, the privacy restrictions in the KERMODE Service, and under this Agreement.
At the conclusion of each academic year, KERMODE may suspend the ability to post new User Content to any specific classroom; provided, however, that any Student or Parent will be permitted to review, request to delete or otherwise access the archived User Content associated with that Student or Parent.
You agree that KERMODE may use your feedback, suggestions, or ideas in any way, including in future modifications of the KERMODE Service, other products or services, advertising or marketing materials. Without eliminating any rights or restrictions governing KERMODE’s use of your User Content, You grant KERMODE a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to KERMODE in any way. KERMODE will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
PUBLIC CONTENT AND THIRD PARTY SERVICES
The KERMODE Service may, now or in the future, allow for users to use the KERMODE Service to host public forums or messaging boards for online discussion or message posting. These are public forums, and information that you post may be available to other members of the KERMODE Service or the public.
The KERMODE Service may, now or in the future, allow for users to use the KERMODE Service to host public forums or messaging boards for online discussion or message posting. These are public forums, and information that you post may be available to other members of the KERMODE Service or the public.
The KERMODE Service may contain links to other third party websites, advertisements, or programs that are not controlled by or affiliated with KERMODE. KERMODE does not endorse, assume any responsibility for and is not responsible for the content, offers or privacy policies of such third party sites and programs. Your dealings with third party sites are between you and the applicable third party. You expressly relieve KERMODE from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content from third party sites or services submitted by other Users of the KERMODE Service. Additionally, your dealings with or participation in promotions of service providers found on the KERMODE Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such service providers. You agree that KERMODE shall not be responsible for any loss or damage of any sort relating to your dealings with such service providers.
NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT
Since we respect artist and content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe any materials accessible on or from the KERMODE Service infringe your copyright, you may request removal of those materials (or access thereto) from the KERMODE Services by contacting KERMODE at the following email: info@kermodeeducation.com and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good-faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.
DISCLAIMERS; NO WARRANTIES
The KERMODE service and any third-party media, software, services, materials or applications made available in conjunction with or through the KERMODE Service are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, KERMODE and its affiliates, licensors, suppliers, and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
KERMODE and its affiliates, suppliers and partners do not warrant that the functions contained in the KERMODE service will be uninterrupted or error-free, that any defects will be corrected, or that the KERMODE service or the server that makes it available is free of viruses or other harmful components.
KERMODE, and its licensors, suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of the KERMODE service in terms of its correctness, accuracy, reliability, or otherwise. You (and neither KERMODE nor its suppliers and partners) assume the cost of any necessary servicing, repair, or correction. You understand and agree that you download, purchase, or otherwise obtain media, materials, or other data through the use of the KERMODE service at your own discretion and risk and that you will be solely responsible for any damage to your equipment, wireless device or loss of data that results from such material or data.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION; HOLD HARMLESS; RELEASE
You agree to indemnify, hold harmless and release KERMODE, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the KERMODE Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available by you through or by the KERMODE Service, including, without limitation, your User Content; (v) your willful misconduct; or (vi) any other party’s access and use of the KERMODE Service with your unique username, password or other appropriate security code. KERMODE reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
Under no circumstances, including, but not limited to, negligence, shall KERMODE or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents, or third party partners or suppliers, be liable to you or to any third party for any special, punitive, indirect, incidental, consequential, or exemplary damages that result from your use of or inability to use the KERMODE service or any cause of action arising hereunder, even if KERMODE or a KERMODE authorized representative has been advised of the possibility of such damages.
In no event shall KERMODE or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents, or third party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms of service or your use of the KERMODE service (whether in contract, tort, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the KERMODE service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, KERMODE’s liability will be limited to the extent permitted by law.
Notwithstanding the foregoing, in no event shall KERMODE, regardless of the cause of action, have any liability for any damages incurred by reason of any products or services sold or provided to you by third parties other than KERMODE and received by you through or advertised on the KERMODE service or received by you through any links provided on the KERMODE service.
MOBILE APPLICATION PROVIDER
In the event you are using the KERMODE Services in connection with a mobile device and an application (an “Application”) accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each an “Application Provider”). You acknowledge and agree that:
This Agreement is concluded between you and KERMODE, and not with the Application Provider, and KERMODE (not the Application Provider), is solely responsible for the Application.
The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of KERMODE.
The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, KERMODE will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
The Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the Application.
PRIVACY
We care about the privacy of our users. We do not collect, store, or sell any personal information from our users. Refreshing, right?!?!?!
GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
Governing Law
Any such use of the Mobile Application and/or the KERMODE Service, and any materials contained therein, may not be lawful by certain persons or in certain territories. You are responsible for compliance with the laws of whatever jurisdiction you are in at the time. In Canada, this Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia, unless the laws of the province in which the User is located. In the United States, this Agreement shall be governed and construed in accordance with the laws of California and you agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. For Users outside Canada and the United States, this Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.
Arbitration
(not applicable in Quebec in respect of consumer agreements or other provinces that prohibit mandatory arbitration for consumer agreements) Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Company.
For any dispute with Company, you agree to first contact us at info@kermodeeducation.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration.
(not applicable in Quebec in respect of consumer agreements or other provinces that prohibit class action/jury trial waivers for consumer claims)
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
WAIVER
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
SEVERABILITY
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
ASSIGNMENT
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. Any attempted transfer or assignment in violation hereof shall be null and void.
RIGHT TO TERMINATE
Your rights under this Agreement will automatically terminate without notice from KERMODE for any reason, including if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the KERMODE Service and KERMODE may immediately restrict your access to the KERMODE Service.
HEADINGS
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
ENTIRE AGREEMENT
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by KERMODE as set forth above.
NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT
KERMODE may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by KERMODE in our sole discretion. KERMODE reserves the right to determine the form and means of providing notifications to you and the other users of the KERMODE Service, provided that you may opt out of certain means of notification as described in this Agreement. KERMODE is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
KERMODE may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘Effective Date’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the KERMODE Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the KERMODE Service.
Terms of Service changes with respect to Student Data. We will use our best efforts to provide at least 30 days-notice of a Terms of Service change that may involve collecting, using, storing, or sharing Student Data in a materially different way than was disclosed in our previous Terms of Service, so that you have sufficient time to evaluate the change in practice. If you do not choose to accept the changes, you may opt-out by deleting your account before the changes take effect. You may request previous versions of this Terms of Service by contacting us at info@kermodeeducation.com.
Acceptable Use, Prohibited Content
You agree not to post User Content that:
infringes a third party’s rights (e.g., copyright, privacy) according to applicable law or contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that we deem to be unlawful, harmful, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable, including, without limitation any pornographic content, excessively profane content, hate-related or violent content, or any content advocating racial or ethnic intolerance;
content intended to advocate or advance computer hacking or cracking;
content related to or enabling gambling;
content relating to other illegal activity, including without limitation illegal export of controlled substances or illegal software or drug paraphernalia;
phishing;
malicious content;
may constitute or contribute to a crime or tort or that contains other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personal information details or otherwise;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current; or
violates any school or other applicable policy, including those related to cheating or ethics.
PROHIBITED ACTIONS
In addition to and/or as examples of the violations described in the Terms of Service as posted on the Website from time to time, you may not and may not allow any third party to:
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content through or using the KERMODE Service;
Use the KERMODE Service to conduct or forward pyramid schemes and the like;
Transmit content using the KERMODE Service that may be harmful to minors;
Impersonate another person (via the use of an email address, through our mobile application or otherwise) or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including logging on to the KERMODE Service using another user’s account credentials or pretending to be another user;
Transmit another party’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
Use the KERMODE Service to violate the legal rights (such as rights of privacy and publicity) of others;
Promote or encourage illegal activity;
Interfere with other users’ enjoyment of the KERMODE Service;
Sell, trade, resell or otherwise exploit the KERMODE Service for any unauthorized commercial purpose;
Modify, adapt, translate, or reverse engineer any portion of the KERMODE Service;
Remove any copyright, trademark or other proprietary rights notices contained in or on the KERMODE Service;
Reformat or frame any portion of the web pages that are part of the KERMODE Service‘s administration display;
Use the KERMODE Service in connection with illegal peer-to-peer file sharing;
Display any content on or through the KERMODE Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
Modify the KERMODE logo or any other KERMODE marks;
Misusing the KERMODE Service or using the KERMODE for any purposes other than as intended (e.g., creating a KERMODE account solely for the purposes of data storage and not to participate and use the KERMODE Service);
Use the KERMODE Service, or any interfaces provided in connection therewith, to access any KERMODE products or services in a manner that violates the Agreement or other terms and conditions for use of such KERMODE products or services;
copying, distributing, or disclosing any part of the KERMODE Service in any medium, including without limitation by any automated or non-automated “scraping”;
using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the KERMODE Service in a manner that sends more request messages to the KERMODE servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that KERMODE grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the KERMODE Service;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the KERMODE Service;
collecting or harvesting any personal information, including account names, from the KERMODE Service;
using the KERMODE Service for any commercial solicitation purposes;
interfering with the proper working of the KERMODE Service;
accessing any content on the KERMODE Service through any technology or means other than those provided or authorized by the KERMODE Service; or
bypassing the measures we may use to prevent or restrict access to the KERMODE Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the KERMODE Service or the content therein.
CONTACT
KERMODE is provided by KERMODE Education Inc.
info@kermodeeducation.com
