A COMPLETE TEACHER October 2015
IMPORTANT. PLEASE READ VERY CAREFULLY.
These are the Terms & Conditions of Use for A Complete Teacher apps. We think you will find them very equitable. However, if you do not agree, please refrain from using any of our apps and send us an email letting us know your concerns. Send an email to firstname.lastname@example.org telling us what you find unacceptable. We cannot promise to make the suggested change, but we will read and consider each of your concerns and respond accordingly via email.
DEFINITIONS: In these Terms & Conditions of Use, the words "we" and "us" and "our" refer to A Complete Teacher, and the phrase "our apps" refers to our web site located at www.acompleteteacher.com and any of our apps on the iPhone/iPad, Android and/or any other apps which may be downloaded through iTunes, Amazon, GameStick, Google Play, Nook, or Ouya and/or any other Android app stores.
OUR APPS: Through our apps, A Complete Teacher publishes apps for adults and children to enjoy. None of the materials we provide in any of our apps are intended to substitute for any professional educational or other advice or instruction. We do however, utilise techniques to help facilitate the learning process received from professional educators.
RESTRICTIONS ON USE: The purpose of our site is to promote apps for adults and children. This is how you and others shall use our website and apps:
- • You may not use our site for any purpose that is prohibited by these Terms & Conditions of Use or a purpose for which our apps were not intended to be used.
- • You may not frame our site within another web site, without our prior written permission, or link to our site with the intention of directing undesirable users or other inappropriate traffic to our apps.
- • You may not distribute, resell, sublicense, sell or provide access to, or otherwise commercially exploit our apps, including any of the digital books. Our apps are made available to you solely for your personal enjoyment and use, not for any other purpose.
- • You may not interfere or attempt to interfere with the operations of our apps, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means.
- • You may not share your user id and password with any person other than those in your immediate family (i.e., you, your spouse, partner, or other guardian, any of your children who reside with you and have access to devices owned by you or in your sole possession and control).
- • You may not modify any of the apps or reproduce, create derivative works based upon or infringe upon the copyrights, trademarks and other intellectual property rights of the apps featured in our apps, in whole or in part.
APP SOFTWARE LICENSE: If you download one of our apps that is an app or other software, the app software including any files, images incorporated in or generated by the app software and data accompanying the app software are licensed to you by A Complete Teacher or its licensors and suppliers. Neither A Complete Teacher nor its licensors or suppliers transfers title to any such app software to you, and as between you and us, we and our licensors and suppliers retain full and complete right, title, and interest in and to such app software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, reuse, create derivative works or disassemble any of our apps software.
OWNERSHIP: Our apps are based upon and contain various elements and technologies that may be protected by copyrights, trademarks, trade secrets, patents, and/or other proprietary rights, which may be valid and enforceable in the United States and elsewhere in the world and remain protected and protectable in respect of different formats, media, and technologies, whether existing now and hereinafter developed. The trademarks, service marks, trade names and logos, including the A Complete Teacher logo, used and displayed in our apps are registered and unregistered trademarks of A Complete Teacher, or its licensors. You may not use any of our or our licensors' trademarks without our or their prior written approval, which you may request by contacting us at email@example.com.
WARRANTEE DISCLAIMER: Our apps, including any apps we publish, are provided "AS IS" and without warranties of any kind, whether express or implied. We and our affiliates do not make, and hereby disclaim, any and all warranties of any kind with respect to our site or the products offered through our site, either express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or any warranties arising from a course of performance, a course of dealing or trade usage. Further, neither we nor any of our affiliates or licensors or suppliers assume any responsibility or liability for any interruptions or errors in accessing our apps, or for any viruses or other harmful components suffered due to use of our apps, or for the correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise, of any of our apps.
LIMITATIONS ON LIABILITY: Under no circumstances will we or our affiliates, or any of our or our affiliates' respective officers, directors, members, managers, employees, agents, suppliers or successors be liable to any person for any direct, special, incidental, punitive, indirect or consequential damages (including, but not limited to, loss of profits or revenues, lost data or information, loss of use of our apps, business interruption, loss of business reputation or goodwill, costs of substitute services, or downtime costs) relating to our apps, even if we are informed in advance of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
INDEMNIFICATION: You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our site or apps including, but not limited to, creation of personalized versions and/or derivative works based on the Content.
SEVERABILITY: If any provision of these Terms & Conditions of Use are held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms & Conditions of Use, and that provision and these Terms & Conditions of Use generally shall be reformed, construed and enforced so as nearly close as possible, give lawful effect to the intent of the parties as expressed in these Terms & Conditions of Use.
GOVERNING LAW AND JURISDICTION: These Terms & Conditions of Use, and all matters arising directly or indirectly from your access to or other use of our apps, shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the courts located in the State of Queensland, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
TERMINATION: These Terms & Conditions of Use, and any accounts or our apps and associated products and services, may be terminated at any time by either party. You may at any time cease to use our apps altogether. We may terminate and block your further access, upon finding sufficient cause in our sole discretion, with or without notice to you. All provisions which are intended to survive (such as the Rights to User Participation/Personalizations, Ownership, Warranty Disclaimers, Limitations on Liability, Indemnification, etc.) will survive any such termination.
CHANGES TO TERMS & CONDITIONS OF USE OR OUR APPS: We may change these Terms & Conditions of Use at any time, and your continued use of any of our apps will evidence your agreement to any changes to these Terms & Conditions of Use we may post. This means you should check the Terms & Conditions of Use regularly for any changes. A Complete Teacher may add, change, discontinue, remove or suspend any portion of any of our apps, including making changes to or removing any apps or any content within any apps at any time, with or without notice. Questions or comments. Please feel free to contact us by email at firstname.lastname@example.org. We welcome all feedback.