EducUp Terms of Service

This page outlines the General Conditions of access to and use of the EducUp sites and apps.

Acknowledgment and acceptance of General Conditions

(a) The global network of EducUp websites and apps, including but not limited to educup.io, viera.academy and the mobile apps, which are operated under the EducUp brand, together with challenge websites for national and regional events which use or integrate with some of the EducUp websites and apps (Apps), are owned and operated by Viera Academy, LLC. (we, us).

(b) Your access to and use of the Apps (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Apps (General Conditions). Your Access to the Apps constitutes your agreement to be bound by the General Conditions. We reserve the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Apps of the new and amended provisions.

Access Terms

(a) Any students or teachers found to be intentionally misusing the Apps (e.g. hacking or sending fraudulent results) will have their access to the Apps revoked.

(b) Users must protect their usernames and passwords from unauthorized use.

(c) Students and teachers are not to use rude or inappropriate words as part of their names.

(d) Users of the Apps must agree to the Viera Academy Privacy Policy. By your use of the Apps you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Policy.

Anonymous Information

We collect anonymous information about you and your activities on the Apps. Anonymous information is information that is not linked to your identity. This information is primarily used to assist us in enhancing the learning resources and the information remains anonymous always.

By using the Apps you grant us the right to use this anonymous information for our own purposes, such as the preparation of statistical reports, provided we otherwise comply with our obligations in respect of the use of personal information.

Ownership of content on the Apps

(a) The materials displayed on the Apps, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Apps (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Apps.

(b) You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.

Access to the Apps

(a) You may view the Apps using your web browser and save an electronic copy, or print out a copy, of parts of this Apps solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Apps (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).

(b) You must not access or use the Apps or the Content in any manner or for any purpose which:

(i) is illegal or prohibited by any laws that apply to you;

(ii) violates our rights in any way; or

(iii) is prohibited by the General Conditions.

(c) You must take your own precautions to ensure that the process which you employ for accessing the Apps does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises about your Access.

(d) You must not use the Content for commercial purposes without first obtaining our express written authority.

Disclaimer and limitation of liability

(a) Although we have no reason to believe that any information contained in this Apps is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Apps updated.

(b) We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Apps. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Apps will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.

(c) Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), about your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.

Indemnity

You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

(a) any breach by you of the General Conditions; or

(b) reliance by you on any information obtained through the Apps; or

(c) your Access to the Apps.

Copyright

Copyright in this Apps (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these General Conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Apps; or

(b) commercialize any information, products or services obtained from any part of this Apps.

Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to copy or print any part of the Apps, we will claim for remuneration under that scheme where worksheets are printed or photocopied by teachers for use by students, and where teachers’ direct students to print or photocopy worksheets for use by students at school. A worksheet is a page of learning, designed for a student to write on using an ink pen or pencil. This may lead to an increase in the fees for educational institutions to participate in the relevant scheme.

Trade Marks

(a) Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trade mark in which we claim proprietary rights. We also assert all our trade mark rights under the common law or otherwise.

(b) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(i) in or as the whole or part of your own trade marks;

(ii) about activities, products or services which are not ours;

(iii) in a manner which may be confusing, misleading or deceptive;

(iv) in a manner that disparages us or our information, products or services (including this Apps).

Termination

We may terminate access to this Apps at any time without notice. The General Conditions will nevertheless survive any such termination.

Governing Law

These General Conditions are governed by the laws in force in Florida, United States. You agree to submit to the exclusive jurisdiction of the courts in Florida, United States.

Advertising and links to other web sites

(a) The Apps may contain links to third party sites (Linked Apps). Linked Aps are not under our control and we are not responsible for the content of any Linked Apps or any hyperlink contained in a Linked Apps (Subsequent Apps). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Apps by us or by our directors, officers, agents, employees and contractors. You link to any Linked Apps or Subsequent Apps entirely at your own risk.

(b) Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Apps or Subsequent Apps, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Apps or Subsequent Apps.

General

(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.

(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

(c) If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

Challenges and Competitions

From time to time, we host or operate challenges and competitions within the Apps, which may be supported by third party sponsors. Challenges and competitions are governed by these General Conditions and the Viera Academy Privacy Policy.

(a) The Hall of Fame or leaderboard for a challenge or competition does not determine the result. After the event, we will verify all results. We have the right, at our complete discretion, to determine the final positions of all participants and the winners of all categories.

(b) Participants who do not comply with these General Conditions, may be removed from the Hall of Fame or disqualified from the competition at any time, and we will use our complete discretion as to whether removal or disqualification occurs.

(c) Students, classes and schools may be required by us to provide proof of age and to sign a declaration that they individually and collectively participated without assistance from any other person, software, hardware or device.

(d) Any students, classes or schools intentionally misusing the Apps be disqualified or removed from the Hall of Fame of the competition or challenge at any time. Examples of misuse include but are not limited to computer hacking of the Apps, posting fraudulent results, using computer scripts to improve responses, scores or otherwise.

(e) Students, classes and schools not participating on courses or content appropriate for their age and ability may be removed by us at our complete discretion.

(f) Prizes advertised for a challenge or competition may be substituted, for something of equivalent value, as determined by us or the prize provider at our complete discretion.

(g) Challenges are designed to encourage school and student participation in a fun and engaging online learning event. We are thrilled that so many students from around the world are participating in the variety of events we support, and encourage you all to continue to join in.