Copyright
LAST UPDATE: JUNE 6, 2022
Copyright / Intellectual
Property Notice.
Proprietary Rights to Site Content - Licenses Granted to You
You acknowledge that the Site, the Service and all Content, including but not limited to text, data, designs, logos, trademarks, trade dress, software, sound, photographs, video, graphics, messages or other material, contained on, or in any way made available to you through, the Site or the Service is the property of Schoox its licensors, the Users or other third parties and is protected by intellectual property laws and other applicable laws, all of which you may not infringe upon or violate, and shall use according to these Terms or as otherwise allowed by the holders of such Intellectual Property Rights.
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Unless otherwise indicated on the Site, all trademarks, trade names, logos, designs and graphics appearing on the Site or the Service, and all copyrightable content and material contained on, or in any way made available to you through, the Site or the Service (the "Site Content") is the property of Schoox and/or its licensors, which you may not modify, copy, reproduce, republish, upload, post, display, transmit, distribute, create derivative works from, license, transfer, sell, or make other use of in any way and by any means, in whole or in part, except that, provided that you are eligible for use of the Site, you may download and print a copy of any User Content to which you have legally obtained access, for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. The foregoing sentence does not apply with respect to any User Content that you may have legally posted on the Site or Service.
The Site and the Service also contain copyright-protected content and material owned and provided by third parties, such as online courses ("Third Party Content"). Such Third Party Content is the property of the parties that provided it and/or their licensors and may only be accessed and used by you in accordance to the terms set by its respective owners and/or licensors, as such terms shall be made known to you through links to the relevant web pages of such Third Party Content owners and/or licensors, or, as regards to other User Content, as such terms are stipulated in these Terms.
Any use of the Site, the Service or any User Content, Site Content or Third-Party Content, other than as explicitly permitted hereunder, is unauthorized, may constitute a violation of Intellectual Property Rights and other proprietary rights and will result in the termination of your account with Schoox and other penalties and remedies available under applicable law.
Copyright Complaints
Schoox has adopted the below policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), http://lcweb.loc.gov/copyright/legislation/ hr2281.pdf.
The address of Schoox's Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this section.
Schoox will (1) block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our Users, whether or not they have a registered account with Schoox; and (2) permanently remove and discontinue service to any repeat offender. This policy shall cover all aspects of the Service provided by Schoox.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing or accessible on the Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent to Receive Notification of Claimed Infringement listed below. Note that failure to comply with all or any requirements of this section may render your report or notice invalid.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Schoox is capable of finding and verifying its existence;
- Contact information about the notifying party, including address, telephone number and, if available, e-mail address;
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once the Infringement Notification is Received by the Designated Agent:
- Schoox will remove or disable access to the infringing material;
- Schoox will then immediately notify the User that it has removed or disabled access to the material;
- First-time offenders will have the infringing material removed from the system;
- Repeat offenders will have the infringing material removed from the system and Schoox may immediately terminate such User's access to the Site or the Service.
C. The Alleged Infringing User May Supply a Counter-Notice to the Designated Agent that must Include the Following:
- A physical or electronic signature of the User;
- Identification of the material that has been removed, or to which access to has been disabled, and the location at which the material appeared before it was removed or disabled.
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- User's name, address and telephone number and a statement that User consents to the jurisdiction of the federal court for the judicial district in which the User's address is located, or if the User's address is located outside the United States, for any judicial district in which Schoox is located, and that User will accept service of process from the person who provided notification of the alleged infringement.
D. Designated Agent to Receive Notification of Claimed Infringement:
Marcy McKnight Darsey, General Counsel.
The address to send the copyright infringements is:
Notification of Claimed Copyright Infringement
Schoox, LLC.
3112 Windsor Rd. #A08,
Austin, Texas 78703
United States of America
Or via email to: dmca@schoox.com
E. False Notifications of Claimed Infringement or Counter-Notifications.
The Digital Millennium Copyright Act provides that:
"[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Schoox LLC.] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. [17 U.S.C. 512(f)]"
Schoox, LLC. reserves the right to seek damages from any party that submits a notification of claimed infringement or counter-notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at copyright@Schoox.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Schoox, the operation of the Site or the Service, or any other matter should be sent to support@schoox.com
LAST UPDATE: MAY 2022
Privacy Policy
Introduction
Schoox takes your privacy seriously and the use, disclosure and protection of your information is important to us. This notice covers how Schoox, collects, uses, discloses, transfers, stores, and protects your personal information. We encourage you to take a moment and familiarize yourself with our privacy practices and contact us at privacy@schoox.com for any further clarification. Schoox services are offered by Schoox, LLC, which is located at 3112 Windsor Rd. #A108, Austin, Texas 78703, United States of America, email privacy@schoox.com (“Schoox, LLC”). For purposes of this Privacy Notice, Schoox is referred to as “Schoox,” “we” or “us”.
This Privacy Notice has been developed in accordance with the requirements of relevant data protection laws including but not limited to EU GDPR, UK GDPR, CCPA/CPRA, CDPA.
1. Site Security and Data Protection Principles
Site Security: For site security purposes and to ensure that this service remains available to all users, the platform for which schoox.com resides on – commonly known as a “production environment,” utilizes a wide-range of software tools and programs for the ultimate goal of ensuring its confidentiality, integrity, and availability (CIA) – a concept known as the CIA triad of information security. Tools which are currently in use, or are to be deployed, if necessary, for the security of schoox.com are to include, but are not limited to, the following:
- Network Security and Network Monitoring: Tools that assist in securing the network for which schoox.com resides on. Such tools include network and perimeter firewalls, web application firewalls, routers, switches, intrusion detection systems, and other related tools.
- Network Performance: Tools that assist in monitoring all aspects of schoox.com, such as performance monitoring for website uptime, etc.
- Other: Additionally, a variety of physical, electronic, and procedural safeguards are implemented for helping ensure the safety and security of schoox.com.
Information Security: Schoox implements appropriate technical and organizational measures to ensure the security of data processed. Schoox adheres to the following data protection principles as a best practice and in accordance with applicable data protection laws:
- Lawfulness, fairness and transparency
- Purpose limitation - Data is processed only for valid purposes that have been clearly explained by us and not used in any way that is incompatible with those purposes
- Data minimization – Data is adequate, relevant and limited to what is necessary for the purposes for which they are processed.
- Accuracy - Data processed is accurate and kept up-to-date.
- Storage limitation – Data is kept only for as long as necessary for the purposes we have communicated.
- Integrity and confidentiality (security) – Data is processed in a manner that ensures appropriate security of the personal data, using appropriate technical or organizational measures.
- Accountability – Schoox maintains appropriate measures and records in compliance with data processing principles.
2. Data We Collect
2.1 Summary
Schoox SaaS Application: The Schoox Application is a SaaS-based Learning Management System which is hosted within the United States (US) and United Kingdom (UK) in mutually exclusive environments. Personal Data may be input and transferred by the client to the application from the originating country, which may be outside of the U.S. or UK for the purpose of supporting the Learning Management requirements of the client. Additionally, Schoox may be required on the explicit direction on behalf of the client to transfer personal data from locations outside of the US or UK to the Schoox application in the US. In this role, Schoox provides support to the application as a Data Processor. As a standard practice, as a Data Processor, Schoox does not access or disclose personal information within the Application unless directed by the Client or in support of the Contract and agreement.
Schoox as a Company: Schoox may collect or obtain Personal Data about you, if you are located outside of the United States this information may be transferred from a location outside of the U.S. to the U.S. through the following methods: directly from you (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make your Personal Information public, when you download, install, or use any of our Services; when you visit our Services; when you register to use any part of the Services; when you volunteer Personal Data about yourself in public areas of the Services; when you interact with any third party content or advertising; we may also receive Personal Information about you from third parties.
2.2 Types of Personal Data We Collect
The types of personal data collected are listed as follows:
- Name (First Name, Last Name)
- Business Email Address
- Country
- Digital Identifiers, such as usernames, and passwords.
- Personal data required by various form fields, and/or for purposes of searching, retrieving, and downloading data from schoox.com.
Highly Sensitive Information: Schoox does not collect sensitive personal information such as: personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or sexual orientation, for any purpose.
3. How We Collect Data
We may collect your personal data when you:
- visit our website
- visit our Schoox Branded Social Media pages
- visit our Schoox Offices
- receive or provided communication from or to us through:
- Phone
- Texts/SMS
- Other electronic communication
- use our cloud products and services as an authorized user
- register for or attend Schoox events, webinars, or free trials
3.1 Information Collected by Automated Means (Web Analytics Data)
When you visit schoox.com, we may store some or all the following:
- The IP address from which you access schoox.com.
- The date and time of access.
- The Internet address of the website from which you linked to schoox.com.
- The name of the file or words you searched; items clicked on a page.
- The browser and operating system used, and any other related information.
This information is used for our legitimate purpose of measuring the number of visitors to the various sections of our site and identifying system performance or problem areas. We also use this information to help us develop the site, analyze patterns of usage, and to make the site more useful. This information is not used for associating search terms or patterns of site navigation with individual users.
Cookies: When you visit some websites, their web servers generate pieces of information known as cookies. Cookies are commonly used to recognize your computer in the future. Schoox.com uses session cookies for its legitimate interest of pursuing technical purposes, such as providing seamless navigation through our site, allow you to carry information across pages of our site and avoid having to re-enter information. Schoox.com session cookies are available only during an active browser session. When you close your browser, the session cookie disappears.
Schoox.com also uses persistent cookies for a number of legitimate interests, such as to be able to track the number of unique visitors to the site. Additionally, persistent cookies enable Schoox to tailor content and related subject matter to match your preferred interests and/or for the purposes of not showing you the same content and related subject matter repeatedly.
We may also employ cookies to compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.
If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
Browser Information Collected on the Website: Various elements of data sets may be collected to track the usefulness of certain actions and to ultimately improve the value of schoox.com. Please note that Schoox does not gather, request, record, require, collect, or track any type of Internet users’ personal data (as listed above) through these processes.
Google Play Store Android App: The Schoox app uses Google API user data, which is subject to and adheres to Google's API User Data Policy (including the Limited Use requirements). Specifically, the app only collects and uses user data for limited purposes, such as to provide the service you have requested or to improve our app's performance. We do not sell or share your data with any third party, except as required by law or to comply with legal process.
4. Purposes Of Data Collection
Data collected may be used for the following purposes:
- Provision of Services to you
- Offering and Improving the Service
- Surveys
- Communication
- Advertising
- User Engagement
- Marketing
- Lead Generation
- Legal Compliance
Information collected is used in order to take steps to conclude a contract with you, or to provide our services to you, as well as to enable you to use them. We may also use these personal data for our legitimate purpose of contacting you with newsletters, marketing or promotional materials and other information concerning our activities that may be of interest to you.
HR Schoox Employee Data:
- As a USA based corporation Schoox, collects personal information regarding employees as required for HR and employment-based obligations. Personal data is kept for only HR-related purposes and is not disclosed to third parties for purposes other than HR and employment required use. No personal employee data is provided to third parties for marketing, or non-HR related purposes.
- For all EU based employees, local law and jurisdiction takes precedence over what personal data is provided and disclosed.
- Restriction of personal data by the individual for non-HR /direct employment requirements is provided to the data subject and does not in any way hinder or restrict employment, or employment opportunities.
4.1 Retention Period
We will keep your personal data only for as long as necessary to fulfill the purposes for which we are processing it unless the law permits or requires longer. For example, we might need to keep your personal data to defend future legal claims or to comply with a legal obligation.
5. Third Party Disclosures
Schoox as. Processor: As a standard practice Schoox does not disclose personal information to any third-party or unauthorized party for any reason. Should Schoox be required to disclose any personal data to third parties, it will not do so unless fully authorized by the client agreement or in accordance with support of the agreement, or applicable law.
Schoox as a Controller: Schoox’s direct methods of personal data collection include through our website, marketing, sales outreach, and third party provided information. This information is used solely to contact individuals and or organizations about sales, adverting or marketing prospects of Schoox products. Any disclosure of personal information to a third party is relegated to only be used on behalf of Schoox and at Schoox’ direction, and not for any other purpose.
5.1 Compliance With Laws
- Except for authorized law enforcement investigations by local, state, and/or federal agencies, no other attempts are made by Schoox to identify individual users and/or their usage habits on schoox.com.
- Schoox as required by local, state, country or federal law will disclose your personal information where required to do so by law or subpoena or if we believe that such action is necessary to pursue our legitimate interest of complying with the law and the reasonable requests of law enforcement or of protecting the security or integrity of our services.
6. External Links
Schoox.com may contain links to websites created and maintained by other public and/or private organizations. schoox.com therefore provides these links as a service to our users, and when users click on a link to an external website, they are leaving schoox.com and are thus subject to the privacy and security policies/related terms and conditions of these external websites.
7. Children's Privacy
Schoox.com complies both with the Children’s Online Privacy Protection Act of 1998 (COPPA) and, with regards to EU data subjects, with GDPR. While children under the age of eighteen (18) may use the Site only with the consent of his or her parent or legal guardian, please be advised that this Site is not directed or otherwise promoted for use by children under the age of sixteen (16). By using the Service, you represent that you are at least sixteen (16) years of age. If you are between sixteen (16) and eighteen (18) years of age, you will need to have parental consent to use the Service. If you are below sixteen years of age, you should stop using the Site and Service immediately. Personal data from children under 16 is not knowingly collected, nor are children under 16 knowingly contacted by schoox.com. To be clear, schoox.com does not intend to solicit information of any kind from children under 16. It is possible that schoox.com may receive emails pertaining to children under 16. If this is the case and schoox.com is notified of this, as soon as the information is verified, parental consent will be immediately obtained, or the email will be deleted from any services being offered and/or performed by schoox.com.
We will make reasonable efforts to verify in such cases, where appropriate, that consent is given or authorized by the holder of parental responsibility over the child, taking into consideration available technology.
8. Your Choices
Opt-Out: You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us as specified in the Contact Us section of this notice. You as an individual retain the right to withhold in part or in full your personal information in order to limit our use of your data. Please note that refusal to provide Personal Information may result in our inability to provide the Services to you, to manage our relationship with you, or to improve the Services provided to you.
9. International Data Transfers
Your Personal Information may be transferred to, and maintained on, systems located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we may transfer the information, including Personal Information, to the United States and process it there. If you are in the EU, in transferring your Personal Information to countries outside of the EU, we will take appropriate steps to ensure that such recipients act in accordance with applicable laws. To the extent that we transfer the personal data to recipients who are located outside the European Union or the European Economic Area, we will provide an adequate level of protection for your personal data, including appropriate technical and organizational security measures and through the implementation of appropriate contractual measures to secure such transfer, in compliance with applicable law. In light of the Privacy Shield Frameworks invalidation, Schoox does not solely rely on this mechanism for transfer of personal data from EU and Switzerland to the US. We however certify to the framework and execute our obligations as required. Security Management at Schoox is designed to protect personal information of its employees and customers. Security processes and measures are further explained in the updated Standard Contractual Clauses (SCC) for our EU customers. Please reach out to us at privacy@schoox.com for more details. Please also read our Privacy Shield disclosure, below, for further information about our self-certification under the SWISS-US, and EU-U.S. Privacy Shield Framework.
9.1 Privacy Shield Framework
Privacy Shield Statement: Schoox, LLC complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, United Kingdom, and Switzerland, to the United States. Schoox has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
Data Subject Rights: Pursuant to the Privacy Shield Frameworks, EU, UK, and Swiss individuals, have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to privacy@schoox.com. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@schoox.com.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Schoox’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Schoox remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Schoox proves that it is not responsible for the event giving rise to the damage.
Complaint Process and Independent Recourse Mechanism: You as the data subject in the EU or Switzerland have the right to bring a complaint directly to Schoox as the Privacy Shield participant and receive a response within 45 days of receipt of the complaint. This complaint as provisioned by the Privacy Shield framework is of no cost to you.
In compliance with the Privacy Shield Principles, Schoox, LLC commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, United Kingdom and Swiss individuals with Privacy Shield inquiries or complaints should first contact Schoox at: privacy@schoox.com
Schoox has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints for more information and to file a complaint. This service is provided free of charge to you.
HR Data Recourse: If your complaint involves human resources data transferred to the United States from the EU, or the United Kingdom in the context of the employment relationship, and Schoox does not address it satisfactorily, Schoox commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) [the UK Information Commissioner’s Office, and Information Commissioner, as applicable] and to comply with the advice given by the DPA panel [ICO, as applicable] with regard to such human resources data. Additionally, Schoox has committed to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD. Contact details for the EU data protection authorities can be found at https://edpb.europa.eu/about-edpb/board/members_en.
Binding Arbitration: If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Jurisdiction: The Schoox Self-Certification to the EU and Swiss Privacy Shield frameworks is governed by the Federal Trade Commission (FTC).
10. Data Privacy Regulatory Frameworks and Requirements
10.1 EU GDPR/UK GDPR Data Privacy Rights
If you are a UK or EEA resident and Schoox is processing your personal data, then you as a data subject may be entitled to the following rights and privileges under the General Data Protection Regulation (GDPR) or UK GDPR.
- Right of Access: you have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the following personal data and information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations’
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing
- the right to lodge a complaint with a supervisory authority (for a list of supervisory authorities, see https://edpb.europa.eu/about-edpb/board/members_en)
- where the personal data are not collected from you, any available information as to their source
- the existence of automated decision-making, including profiling, along the lines indicated by Article 22(1) and (4) GDPR, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
- Right to Rectification: you have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to Erasure (‘Right to be Forgotten’): you have the right to obtain from us the erasure of your personal data without undue delay, and we have the obligation to erase personal data without undue delay when: a) your data are no longer necessary for the purposes for which they were collected; b) you had consented to the processing; c) you have objected to the processing, as per below; d) your personal data had been unlawfully collected; e) your personal data need to be erased as a matter of compliance with a legal obligation.
- Right to Restriction of Processing: you have the right to obtain from us the restriction of processing if you: a) contest the accuracy of the personal data, until this is verified; b) the processing is unlawful but you don’t want erasure; c) we no longer need the personal data, but you require them to establish, exercise or defend a legal claim; d) you have objected to processing but there is a need to verify whether our legitimate grounds override your rights to object.
- Right to Data Portability: where your personal data have been provided on the basis of your consent or for the performance of a contract, and their processing occurs in an automated way, you have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data– or have directly transmitted - to another controller.
- Right to Object: you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data based on a legitimate ground point (e) or (f) of Article 6(1), including profiling based on those provisions. In this case, we can no longer process your personal data unless we show that there is a compelling legitimate ground for the processing which override your interests, rights, and freedoms or for our establishment, exercise, or defense of legal claims.
10.2 California Consumer Privacy Act (CCPA)
California data protection laws grant state residents certain rights as outlined below.
- Right To Be Informed: You have the right to be informed of the categories of your data processed, purpose for processing, how to exercise your rights, and categories of data shared with third parties, as outlined in this notice.
- Right To Access: You have the right to access your personal data that is processed
- Right To Rectification: Where there are inaccuracies, you have the right to request correction of your personal data.
- Right To Erasure: You have a right to delete your personal data. Certain exceptions may apply.
- Right To Object/Opt-Out: You have the right to opt out of the sharing of personal information to a third party for cross-context behavioral advertising (as defined under California law).
- Right To Data Portability: You have the right to obtain a copy of your personal data in a portable and, to the extent technically feasible, readily usable format.
- Right to Non-Discrimination: You have the right not to be discriminated against for exercising any of the rights listed above.
Where applicable, you may exercise any of these rights by contacting us as specified in the Contact Us section of this notice. Additionally, Schoox as a Service Provider, assists its Clients (Businesses) in the fulfillment of these data subject rights.
10.3 Virginia Consumer Data Protection Act (CDPA)
Under CDPA, data subjects are conferred the following rights:
- Right To Be Informed: You have the right to be informed of the categories of your data processed, purpose for processing, how to exercise your rights, and categories of data shared with third parties, as outlined in this notice.
- Right To Access: You have the right to access your personal data that is processed
- Right To Rectification: Where there are inaccuracies, you have the right to request correction of your personal data.
- Right To Erasure: You have a right to delete your personal data. Certain exceptions may apply.
- Right To Object/Opt-Out: You have the right to opt out of have the right to opt out of the processing of your personal data for purposes of:
- targeted advertising;
- the sale of personal data; or
- profiling in furtherance of decisions that produce legal or similarly significant effects concerning the user.
- Right To Data Portability: You have the right to obtain a copy of your personal data in a portable and, to the extent technically feasible, readily usable format.
Where applicable, Schoox as a Data Processor, provides reasonable assistance to Clients (Data Controllers) in the fulfillment of these data subject right requests.
11. Changes To This Notice
The schoox.com privacy notice is to be revised and updated as necessary for ensuring its adequacy and sufficiency. You are encouraged to visit this page often for the latest information and the effective date of any changes to such notice. If changes are made to this notice, a new schoox.com notice will be prominently posted on our site and you will be provided with the relevant information by e-mail, along with a corresponding data of change.
12. Contact Us
For any questions or requests concerning this Privacy Notice or how to exercise your rights under GDPR, CCPA and Privacy Shield frameworks, please contact us at: privacy@schoox.com or by using our Contact Us form.
LAST UPDATE: JUNE 6, 2022
GDPR
Welcome to Schoox's General Data Protection (GDPR) page. The information here serves to supplement our privacy statements and to provide information on how Schoox supports the GDPR. Information in the sections below helps you to gain an understanding of the GDPR, your rights as a European Union data subject, and the technical and organization measures Schoox has implemented to ensure the security and privacy of your personal data under the regulation.
Overview
The General Data Protection Regulation (GDPR) (EU) 2016/679 is a legal framework that establishes the rules relating to the collection, processing and free movement of personal data of individuals who live in the EU.
Exercising Your Rights
Schoox provides its Learning Management System to individuals through their respective employers. Individuals can access their account at Schoox.com and direct access, delete and correct requests to their employers. In this role, Schoox is a "data processor" under GDPR.
Schoox as a "data controller" under GDPR will respond to consumers' verifiable requests within 30 days following receipt of request.
Consumers can make up to two verifiable requests for access or data portability within a 12-month period. To exercise any of your rights, please contact us at privacy@schoox.com or via our webform available on our website.
For the purpose of this notice:
- Data Controller means an entity that determines the purpose and means of processing of personal data
- Data Processor means an entity which processes personal data on behalf of the data controller
- Personal Data means an identifiable living individual whose personal data is collected, stored or processed by an organization.
Data Subject Rights
If you are an EU resident, and Schoox is processing, and/or transmitting your personal data, then you - as data subject, are afforded the following rights under GDPR:
- Right of Access: you have the right to obtain from us, as controllers, confirmation as to whether personal data concerning you are being processed, and, where that is the case, access to the following personal data and information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in third countries or international organizations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing
- the right to lodge a complaint with a supervisory authority (for a list of supervisory authorities, see link here
- where the personal data is not collected from you, any available information as to their source
- the existence of automated decision-making, including profiling, along the lines indicated by Article 22(1) and (4) GDPR, and meaningful information about the logic involved, as well as the
- significance and the envisaged consequences of such processing for you.
- Right to Rectification: you have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to Erasure ("Right to be Forgotten"): you have the right to obtain from us the erasure of your personal data without undue delay, and we have the obligation to erase personal data without undue delay when:
- your data is no longer necessary for the purposes for which it was collected or processed
- you withdraw consent and no other legal basis exist for processing
- you object to the processing and there are no overriding legitimate grounds for processing
- your personal data has been unlawfully processed, or
- your personal data is to be erased for the purpose of meeting a legal obligation
- Right to Restriction of Processing: you have the right to obtain from us the restriction of processing where one of the following applies:
- you contest the accuracy of the personal data, until this is verified
- the processing is unlawful, but you do not want your personal data erased
- we no longer need the personal data, but you require them to establish, exercise or defend a legal claim
- you have objected to processing but there is a need to verify whether our legitimate grounds override your rights to object
- Right to Data Portability: where your personal data have been processed on the basis of your consent or for the performance of a contract, and carried out by an automated means, you have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data - or have directly transmitted - to another controller.
- Right to Object: you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data based on a legitimate ground point (e) or (f) of Article 6(1), including profiling based on those provisions. In this case, we can no longer process your personal data unless we show that there is a compelling legitimate ground for the processing which override your interests, rights and freedoms or for our establishment, exercise or defense of legal claims.
Schoox's Commitment to Data Security and Privacy per GDPR Guidelines
Article 32 of the GDPR requires that controllers and processors have adequate levels of security in place for ensuring the confidentiality, integrity, availability, for processing of personal information and other related activities. Specifically, Article 32 requires Schoox to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. In support of this Schoox has implemented and supports the following processes to ensure the protection of your privacy.
Privacy by Design: Schoox is dedicated to ensuring the security of your personal data and adhering to compliance with applicable data protection laws. Schoox adheres to the following principles relating to the processing of personal data under GDPR:
- Lawfulness, fairness and transparency: Personal data is processed lawfully, fairly and in a transparent manner
- Purpose Limitation: Personal data is collected only for specified, explicit and legitimate purposes and not used in any way that is incompatible with those purposes
- Data minimization: Personal data processed is adequate, relevant and limited to what is necessary for purposes for which they are processed
- Accuracy: Personal data is accurate and kept up-to-date
- Storage limitation: Kept only for as long as necessary for the purposes for which they are processed, and
- Integrity and confidentiality: Personal data is processed in a way that ensures the security of data, using adequate technical and organizational controls
For further information on the types of information collected and for the purposes it is held please review our Privacy Policy.
Schoox's Security and Privacy Provisions
Schoox's commitment to confidentiality, integrity, and availability - known as the CIA triad of information security, consists of the following initiatives:
- Third Party Selling or Transfer: Schoox does not transfer or sell any personal client academy data to Third parties and does not transfer to third parties who do not have adequate privacy protections.
- Encryption: Schoox utilizes industry standard encryption protections for both Transit and at Rest for the Schoox Academy Application.
- Automated Decision Making: Schoox does not input or enact any automated decision (AI or Machine Learning) on Personal or Client Academy Data at this time.
- Internal Training: Schoox conducts annual security awareness and privacy protection training for all employees.
- Internal Controls: Schoox has implemented a comprehensive set of internal controls relating to the protection for storing, processing and/or transmission of personal data for EU data subjects, as well as a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational.
- Annual risk assessment initiatives for assessing relevant risks to the organization and taking necessary action for reducing risk exposure.
- Monitoring of relevant third-party providers, as necessary for which Schoox has a business relationship within terms of storing, processing, and/or transmitting personal data for EU residents.
Data Transfers
Schoox takes appropriate steps to ensure that personal data transferred out of EU countries to the US and any other country without adequacy provisions, are protected through technical and organizational measures. Due to the invalidation of the Privacy Shield Frameworks, Schoox additionally employs the updated Standard Contractual Clauses (SCCs) for such transfers.
Please view the following information and supporting links below to learn more about Schoox's commitment to your privacy.
Contact Us
For any questions or requests concerning the GDPR please contact us at: privacy@schoox.com
LAST UPDATE: JUNE 6, 2022
Cookie Policy
Page Overview
This notice describes how Schoox uses cookies to recognize you when you visit our site at https://www.schoox.com/.
A cookie is a small text file that is placed on your device by a website you visit. Cookies contain information that help the website remember information about your visit and your preferences that make the site more meaningful to you.
How and When Schoox Uses Cookies
When you visit our website, Schoox uses both session and persistent cookies to provide a seamless navigation throughout the site across pages, and to tailor content and related subject matter to match preferred interests without repetitions. Schoox's session cookies are available only during an active browser session. When you close your browser, the session cookie disappears.
Cookies on our site are either first-party, that are cookies set by Schoox, or third-party, that are cookies set by parties other than Schoox.
Categories of Cookies Used by Schoox
The following categories of cookies are used by Schoox.
Necessary Cookies - These are essential cookies for the website to operate as it should. We use necessary cookies for authentication purposes on our website.
Preference Cookies - These cookies provide an enhanced experience by enabling custom theming of academies on Schoox.com.
Statistics Cookies - These cookies are used for statistical purposes only.
Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but with limited features or functionality.
Contact Us
For more information about our privacy practices, please review our Privacy Policy on our website. For any questions or requests concerning this notice, please contact us at: privacy@schoox.com.
LAST UPDATE: MAY 2020
Terms of Use
1. General Information - Registration - Accounts
Schoox is a private, web-based online platform for life-long learning where Users (as defined below) can share and manage their knowledge in different ways. We offer Users the possibility to set up their own personal profile, create an online academy for educational institutions, organizations and corporations to create and publish their own content library, attend and publish online courses and participate in virtual classrooms and conferences, and related services (collectively, the "Service").
The Service is offered by Schoox Inc., which is located at 98 San Jacinto Blvd, Austin, Texas 78701, United States of America, email info@schoox.com ("Schoox Inc.," "Schoox," "we" or "us"). These terms of use ("Terms"), as they may be modified from time to time, govern your access and use of the Site and the Service. You agree that by registering for or otherwise accessing the Service, or by using the Site (including any localized websites offered by Schoox), you are entering into a binding legal agreement between you as an authorized user of the Site ("you" or "User") and Schoox Inc. By accessing the Service or using the Site, you signify that you have read, understood and confirm your acceptance of, and agree to be bound by, these Terms.
These Terms were last updated as of the date first indicated above and replace any and all prior versions of these Terms or any other terms or conditions previously governing Users’ use of the Service and/or access to the Site. We reserve the right to amend these Terms at any time and without notice. If we do this, we will post the amended Terms on this page and indicate at the top of the page the date these Terms were last revised. Your continued use of the Site and the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Site or the Service. These Terms apply to all Users.
Use of Our Service
Public Access. You may access any public content on the Site for free. By viewing any content on the Site you shall become a User and be subject to these Terms.
Accounts. In order to access some features of the Service and the Site (such as tools and applications to invite, administer, teach, communicate, share and collaborate with other Users, as well as to promote an online course), you will need to register with Schoox and create a Schoox account (an "Account"). Schoox offers its Users the possibility to create three types of Accounts: (i) a Standard Account ("Standard Account"); (ii) a Professional Instructor Account (a "Professional Instructor Account"); and (iii) an Enterprise Account (an "Enterprise Account," and together with the Professional Instructor Account, the "Premium Accounts"), each of which is described in further detail below.
You may never use another User's Account without such other User's consent. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Schoox immediately of any unauthorized disclosure of your password or unauthorized use of your Account. Although the Site will not be liable for your losses caused by any unauthorized use of your Account, you shall be liable for the losses of Schoox or others due to such unauthorized use.
Standard Account: A Standard Account is an account through which a User may make available and access User Content (as defined in Section 6 below, e.g., online courses) for free to other Users according to these Terms. There is no charge for having a Standard Account and offering User Content free of charge through the Site.
Premium Accounts:
Professional Instructor Account. A User must receive approval from Schoox before opening a Professional Instructor Account. A Professional Instructor Account, in addition to offering the same features as the Standard Account, provides its Users (each a "Professional Instructor") with the ability to sell User Content through the Site and provides them with extra features, tools and applications (such as the ability to create promotional materials, offer discounts coupons and other tools to administer payments). There is no charge for opening a Professional Account, but any fees you earn by selling User Content through a Professional Instructor Account are subject to transaction fees as described herein. For further information about Professional Instructor Accounts, the additional features and functionalities that they offer and the particular terms and conditions that govern their creation and use, including the relevant monetary terms, please click here.
Enterprise Account. Any User that has signed up on Schoox can sign up for an Enterprise Account and create an academy (each an "Academy") by choosing a type of Academy and subscription plan (described in further detail below). An Enterprise Account offers a User the possibility to set up a free Academy with a limited set of features. The User can then choose to upgrade the Academy in order to charge a fee for User Content and to access extra features, tools and applications (as described in each link below) and increase the number of enrolled members (each a "Member"). Each Academy may offer, and charge a fee for its own User Content and for that of other Users (whether they are existing Professional Instructors, Standard Account Users or Users who become affiliated to such Academy. There are three types of Enterprise Accounts that provide different sets of tools and features for Academies: (i) Academies for corporations and organizations; (ii) Academies for experts, associations and training companies.
The User Content offered by an Academy shall belong solely to the Academy and the holder of the Enterprise Account for as long as the Enterprise Account is maintained. Any related fees paid by Users for viewing the Academy's Content shall be credited only to the User that organized the Enterprise Account and not any individual User. To the Extent that an Enterprise Account holder agrees or otherwise desires to share with any other User any revenue related to the User Content made available through the Academy, such agreement (a "Third Party Agreement") shall be established between the Academy or the Enterprise Account holder and such other User seeking reimbursement for offering User Content through the Academy. Users hereby acknowledge and agree that Schoox is not a party to the Third Party Agreement or otherwise responsible for collecting or distributing any fees in relation to any Third Party Agreement. Each User contributing User Content to an Academy hereby agrees to look only to the Academy and the Enterprise Account holder for any intended remuneration and hereby forever releases and agrees to hold harmless Schoox and its officers, directors, agents and employees from all claims involving any dispute between the Academy or Enterprise Account holder and any User.
For further information about the Enterprise Account, the additional features and functionalities that they offer and the particular terms and conditions that govern their creation and use, including the relevant monetary terms, please click here.
Dependence on Subscription
If you are accessing the Academy at the direction of another User, your access to the Site and the Service may be dependent on such Academy maintaining an Enterprise Account and the related subscription agreement (a "Subscription Agreement") and, as such, your access to such Academy, the Site or the Service offered by Schoox depends on the terms of that Subscription Agreement. If the subscriber (including you, if applicable) ceases to pay the fees due to Schoox, Schoox will cease to provide you with access to the related Academy. Similarly, if the terms of the Subscription Agreement change, you may experience changes to the features or capacity as a subscriber.
Academy Administration
Each Academy may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Academy (the "Academy Administrator"). Each Academy may have, depending on its structure, different sub-groups (each a "Group"). Groups within an Academy may also have a group administrator with certain authority that is less than that of an Academy Administrator.
From time to time, Users may be asked to confirm their account on the Academy via an email message containing a hyperlink to the User's Academy Account. If such Account is not reconfirmed, the Account shall be removed by Schoox. Once a User is removed from an Academy, the content of that User shall remain on the Academy and shall be the sole property of that Academy.
Users should follow their particular company's policies, guidelines, and procedures concerning the Content they post to the Service. Users may delete their own User Content from the Academy, so long as they are a Member of that Academy. Academy Administrators may delete the User Content of one or more Users in their Academy.
Groups
Individual Users may form a group to segment the audience for certain User Content ("Group"). Each Group may have one or more administrators (the "Group Administrator"). A Group may be designated as open to any User (a "Public Group") or Member in an Academy (an "Academy Public Group") or a Group may be limited to certain Users (a "Private Group") or in an Academy (a "Academy Private Group") with membership subject to the approval of the Group Administrator. A Group Administrator may add or remove Users to that particular Group. Though Users may establish a Private Group, User Content posted within a Private Group on an Academy is owned by that Academy.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. You hereby release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By opening any of the foregoing Accounts and by offering User Content through the Site (whether for free or for a fee), in addition to agreeing to be bound by these Terms and all the other terms and conditions which apply to all Users of the Site and the Service, you also (a) acknowledge and agree that your Account is solely for educational content and activities; (b) undertake, where applicable, to evaluate students as objectively as possible; (c) warrant that you have all necessary qualifications and expertise to provide the services that you offer adequately and proficiently, including that, if the law in your country or region of residence requires you to possess a license or permission in order to legally provide the services that you offer through the Site or the Service, you do actually possess such necessary license or permission; and (d) acknowledge and agree to, where applicable, pay to Schoox the applicable fees for the usage of your Account.
Children Under 16 and Under 18
While children under the age of eighteen (18) may use the Site only with the consent of his or her parent or legal guardian, please be advised that this Site is not directed or otherwise promoted for use by children under the age of sixteen (16). By using the Service, you represent that you are at least thirteen (13) years of age and have the requisite parental consent to use the Service as required herein. If you are between sixteen (16) and eighteen (18) years of age, you will need to have parental consent to use the Service. If you are below sixteen years of age, you should stop using the Site and Service immediately.
2. User Information
The personal information that you provide us with when you register with or otherwise use the Site, together with information regarding the manner in which you use the Site, will not be processed or disclosed by us, except as permitted by this Agreement and our Privacy Policy. We warmly recommend that you review Schoox's Privacy Policy, which is hereby incorporated into this Agreement. In case of any inconsistency between these Terms of Use and the Privacy Policy, the latter shall prevail.
Be aware that by making your personal information available for viewing by third parties online - for example by putting it in your profile or contact information and allowing third parties to have access to it, by putting it on message boards, web logs, through email or in chat areas, etc. - such information can be seen, collected and used by others, even beyond our control, e.g., to send you unsolicited communications. You hereby release Schoox of any and all responsibility and liability related to dissemination of your personal information you make available online through the Site or the Service.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes.
LMS Accounts shall not include personal data/information such as social security or national identification numbers, driver’s license or passport numbers, financial account numbers, genetic or biometric data, health-related or insurance information, sex or gender information, racial or ethnic origin, or other similarly sensitive personal information. Schoox will not be responsible or liable for any losses or damages resulting from your misuse, non-compliance, or violation of these Terms of Use; and such action may subject your Account to termination.
3. Registration
By using the Service, you agree to (a) maintain all equipment required for your access to and your use of the Site; (b) provide us with current, complete and accurate information as may be prompted by any registration form, and promptly update such information to always keep it current, complete and accurate; (c) maintain the security of your User identification, password and other confidential information relating to your Account; (d) notify us immediately of any unauthorized use of your password or unauthorized use of your Account; (e) abide by all applicable local, domestic and international laws and regulations in connection with your use of the Site and the Service, including those related to personal data protection; and (f) be responsible for all acts or omissions that occur under your Account or password, including the content of your transmissions through the Site and the Service and any unauthorized use prior to your notifying Schoox of such use and taking steps to prevent its further occurrence by changing your password. It is technically impossible for Schoox to determine with certainty whether any User registered with Schoox is in fact the person he or she represents to be. Therefore, Schoox assumes no liability for the actual identity of a User. Each User is solely responsible for verifying the actual identity of another User.
4. Termination/Cancellation
Either you or we may terminate your Account at any time, with or without cause. In any case, we reserve the right to cancel, suspend or refuse access to the Service to anyone in our sole discretion without prior verbal or written notice. After termination, you will no longer have access to your Account and all information contained therein may be deleted, provided, however, that termination of your Account shall not exclude any other Users from accessing and receiving any User Content offered by you through the Site that was paid and not yet received in full, or to any Service purchased from you and paid for prior to the termination of your Account and not yet received in full.
You are solely responsible for properly cancelling your Account. You can cancel your Account at any time by e-mailing cancel@schoox.com specifying the Account that you want cancelled. You may generate a backup of all of your content prior to cancelling your Account. In Schoox's sole discretion, all of your User Content may be immediately deleted from the Site upon such cancellation. This information cannot be recovered once your Account is cancelled. If you cancel the Account before the end of your current paid-up month, your service will remain live until the end of the paid month. At that time, the Account will be terminated immediately and you will not be charged again. Schoox, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or the Service for nonpayment and any other reasonable reason at any time. Schoox may terminate your Account if the subscriber that invited you to join as a User ceases to use or pay for the Service. Any such termination of the Service will result in the deactivation or deletion from your Account of the User Content related to such subscriber.
TERMINATION OF YOUR ACCOUNT ONLY TERMINATES YOUR ACCESS TO THE SITE AND THE SERVICES, HOWEVER, IT DOES NOT TERMINATE ANY ARRANGEMENTS YOU MAY HAVE ENTERED WITH OTHER USERS OR THIRD PARTIES THAT DO NOT INVOLVE SCHOOX.
5. Proprietary Rights to Site Content - Licenses Granted To You
You acknowledge that the Site, the Service and all Content, including but not limited to text, data, designs, logos, trademarks, trade dress, software, sound, photographs, video, graphics, messages or other material, contained on, or in any way made available to you through, the Site or the Service is the property of Schoox its licensors, the Users or other third parties and is protected by intellectual property laws and other applicable laws, all of which you may not infringe upon or violate, and shall use according to these Terms or as otherwise allowed by the holders of such Intellectual Property Rights. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Unless otherwise indicated on the Site, all trademarks, trade names, logos, designs and graphics appearing on the Site or the Service, and all copyrightable content and material contained on, or in any way made available to you through, the Site or the Service (the "Site Content") is the property of Schoox and/or its licensors, which you may not modify, copy, reproduce, republish, upload, post, display, transmit, distribute, create derivative works from, license, transfer, sell, or make other use of in any way and by any means, in whole or in part, except that, provided that you are eligible for use of the Site, you may download and print a copy of any User Content to which you have legally obtained access, for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. The foregoing sentence does not apply with respect to any User Content that you may have legally posted on the Site or Service.
The Site and the Service also contain copyright-protected content and material owned and provided by third parties, such as online courses ("Third Party Content"). Such Third Party Content is the property of the parties that provided it and/or their licensors and may only be accessed and used by you in accordance to the terms set by its respective owners and/or licensors, as such terms shall be made known to you through links to the relevant web pages of such Third Party Content owners and/or licensors, or, as regards to other User Content, as such terms are stipulated in these Terms.
Any use of the Site, the Service or any User Content, Site Content or Third Party Content, other than as explicitly permitted hereunder, is unauthorized, may constitute a violation of Intellectual Property Rights and other proprietary rights and will result in the termination of your account with Schoox and other penalties and remedies available under applicable law.
6. User Content - Links to Third Party Sites - Licences Granted By You
We do not control, pre-screen, vet, endorse or stand behind, and, accordingly, you understand and acknowledge that we may not, under any circumstances, be held liable in any way for, the accuracy, truthfulness, completeness, reliability, safety, currentness or lawfulness of any information, content or other material (including statements of opinion or advice) provided on or by means of the Site or the Service, other than information provided by authorized Schoox personnel. Statements made on any part of the Site reflect only the views of their authors. You are solely responsible for the photos, profiles (including your name, image, and likeness), courses, communications, messages, notes, text, information, materials and any other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or in any way share with other users (collectively, any content posted by users of the Site shall be referred to as "User Content"). You may not post, transmit, or share User Content on or through the Site or the Service unless you own or control the rights thereto or have received all necessary consents to do so. All User Content is subject to review, modification and deletion by us (without notice) in our sole discretion, and we may delete any User Content we deem unacceptable for any reason without prior notice. Furthermore, we reserve the right, in our sole discretion, to tag any User Content as questionable, offensive, inappropriate, unsuitable for any particular purpose, etc., or to display or insert any kind of warning towards the visitors of any part of the Site regarding any User Content on such part of the Site. Accordingly, you understand and agree that we may, but are not obligated to, review the Site and may delete, remove or tag (without notice) any Site content or User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
Moreover, we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such third party sites. If you click on an included link, you will leave the Site and enter a website that is not under our control. You will be subject to the terms of use and privacy policy of such website (if any) and, accordingly, you should thoroughly read such terms of use and privacy policy to ensue such third party website is safe for your use. The inclusion of any link or embedded third party content does not imply endorsement by us of the site linked or embedded and we are not responsible for any content or transmission received from any linked or embedded third party site.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Schoox. In any case, we make no guarantee as to the availability of the Site or the Service and are not liable in any way for any loss of service. When you post User Content to the Site you authorize us to make such copies thereof as we deem necessary in order to provide the Service and to facilitate the posting and storage of such User Content on the Site.
With the exception of any communications you may have posted using the public communication features of the Site (e.g., any public comments or content reviews you may have posted) and which may, in our discretion, remain in perpetuity on the Site, you may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted herein will automatically expire, provided, however, that you acknowledge that any User Content that you may have posted for a fee through the Service or the Site shall remain accessible and available to any other Users of the Service or the Site who have already purchased and paid for such User Content of yours, but not yet received it in full, and provided also that you acknowledge that we may retain archived copies of your User Content.
Schoox does not claim any ownership of, or any Intellectual Property Rights over, any User Content that is the result of your creative efforts and that, as between us and you, subject to the rights granted to us in these Terms, will remain in your full ownership.
Schoox respects the Intellectual Property Rights and other rights of others, and we expect our Users to do the same. If you have a good faith belief that any material on the Site infringes any Intellectual Property Rights or other proprietary or personal rights of yours, you may provide us with written notice identifying the claimed infringing material as described in Section 15 below.
Posting Content on the Site - Ownership of User Content
All User Content shall be owned by the User who posts the Content into the Service, although each User acknowledges and consents that with respect to posting content in an Academy, all such User Content shall automatically be the property of the Academy without the need to provide notice to the Users. If a User posts User Content in an Academy and such User ceases to be affiliated with the Academy, such User Content shall remain the sole property of the Academy.
Standard Account
By posting User Content to any part of the Site for any reason under a Standard Account, you automatically grant, and you represent and warrant that you have the right to grant to, us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly display or perform, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
Premium Account (Professional Account and Enterprise Account)
By posting User Content through a Premium Account to any part of the Site you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, fully paid, worldwide, perpetual, irrevocable, transferable license (with the right to grant sublicenses through multiple tiers of sublicenses) to use, copy, publicly display, perform, broadcast, syndicate, reproduce, edit, modify, create derivative works from, reformat, excerpt (in whole or in part) and distribute such User Content for all purposes for which it was posted to the Site and to all extent support such User Content's being offered through the Site and the Service.
7. Moderation of comments and posts
schoox.com allows individuals to post comments on discussion topics on various forums. We encourage you to share your thoughts as they relate to the topic being discussed, but please be advised that posts will be publicly visible; therefore, schoox.com utilizes a moderation policy for ensuring posts are appropriate and not harmful to others. As such, we review and moderate posts according to our stated guidelines below. The views expressed in posts reflect those of the individual making the post and are not intended to be viewed as those of Schoox. Schoox promotes public comments and posts for purposes of transparency in who we are, what we do, and the services we however. However, courtesy and professionalism are to be used at all times by individuals, thus Schoox reserves the right to block, hide, and/or delete, remove posts that:
- Are deemed obscene, indecent, or profane language
- Contain threats, defamatory, or derogatory statements.
- Invoke terroristic threats, promote violence, along with any other offensive material and any other content deemed unprofessional, unethical or that violates any local, state, or federal law or regulation.
- Reveal Personal Information as described above in the Information Collected and Stored Automatically (Personal Information) section.
- Contain information posted in violation of law, including libel, condoning or encouraging illegal activity, and revealing classified information, or posts that might affect the outcome of ongoing legal proceedings.
- Promote or endorse services or products, including links to external commercial sites. (Note that non-commercial links that are relevant to the topic or another post are acceptable.)
- Contain content that is completely off-topic, spam, or intended primarily to promote a link for purposes of link building.
- Contain any other type of content deemed unprofessional, unethical or that violates any local, state, or federal law or regulation.
schoox.com will not create any type of reference or hyperlink to any other website that displays, promotes and/or exhibits any type of hate, bias, or discrimination. schoox.com thus reserves the right to deny or remove any reference or hyperlink that contains misleading information or unsubstantiated claims, or is determined to be in conflict with Schoox's policies, procedures, and practices.
8. Site Usage - Conduct Rules
The Site and the Service may not be used for any purpose not expressly permitted by these Terms. In all cases, the use of the Site for illegal purposes is expressly and strictly forbidden and any User Content found to be or believed to be, in our sole discretion, violating the law may be removed without notice. You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise posted, transmitted, or shared by you on or through the Site or the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. Especially, you may not, under any circumstances, use the Site or the Service to do any of the following: (a) upload, publish, post, distribute, disseminate, transmit or otherwise make available any material or information that we deem to be unlawful (or that is unlawful under applicable law), harmful, defamatory, infringing, obscene, deceptive, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; (b) threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) upload, publish, post, distribute, disseminate, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, surveys, contests, pyramid schemes, junk mail, spam, chain letters, or any other form of duplicative or unsolicited messages (commercial or otherwise); (d) harvest or otherwise collect information, including email addresses or other contact information, about others from the Service or the Site without their consent, especially for the purpose of sending unsolicited emails or other unsolicited communications; (e) upload, publish, post, distribute, disseminate transmit or otherwise make available any material or information protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or any contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service, or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; (g) register for more than one User Account, register for a User Account on behalf of an individual other than yourself, register for a User Account on behalf of any group or entity that you are not authorised to legally bind to these Terms, or operate an account with Schoox without a valid e-mail address; (h) upload, publish, post, distribute, disseminate, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or interfere with or disrupt the Site or the Service or any servers or networks connected to the Site or the Service, or attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means, or use the Site or the Service in any manner that adversely affects the availability of its resources to other Users; (i) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including by falsely purporting to be a Schoox employee or agent; (j) cause repeated disruptive incidents, or act, or fail to act, in your use of the Site, in a manner that is contrary to applicable law or regulation; or (k) upload, publish, post, distribute, disseminate, transmit or otherwise make available any material or information that would constitute, encourage or provide instructions for any illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law.
9. Operation
We reserve complete and sole discretion with respect to the operation of the Site and the Service. Especially, we reserve the right to change any and all Site Content, software and other items used or contained in the Site or the Service at any time without notice.
10. User Representations
You represent and warrant that:
- You are of legal age or acting with the consent of your parents or guardians, and that you possess the legal right and ability to accept these Terms and to use the Site and the Service in accordance with these Terms.
- You agree to be financially solely responsible for your use of the Site and any of its services (as well as for the use of your Account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in these Terms.
- You are not relying on any representation made by us that has not been stated expressly in these Terms, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that we have produced.
- You will conduct such tests and virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from any Schoox server does not contain any virus and will not, in any way, corrupt the data or systems of Schoox or of any User or other person.
- You will keep secure any passwords used to download from or upload data to any Schoox server.
- You will hold the necessary Intellectual Property Rights (including licenses thereto) and will continue to possess such necessary rights in any User Content you upload into the Site for as long as Users require access to such User Content you commercialized through the Site.
- You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page or similar Service, use on any other any web site or product or similar Service, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service, other than for use as contemplated in the Service in accordance with these Terms. This means, among other activities, that you agree not to deploy "robots" or "spiders" or to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You also agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.
- You accept full responsibility for all information, User Content and other material you post and issue through the Site, and you will indemnify us and hold us harmless against (i) any liability in relation thereto, as well as for all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from your breach of these Terms, and (ii) your use or misuse of the Site or the Service and the use or misuse of the Site or the Service by any person using your account. In particular, you undertake that you shall not publish or issue any information that is illegal, offensive, defamatory or deceptive. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability.
11. Linking to schoox.com and Use of Logo
At any time, and at no cost, you may link to schoox.com. When you link to schoox.com, please use our link in the most professional and appropriate manner. The logo displayed on schoox.com is the official logo of Schoox and is not to be used by any other organization for any purpose, unless such rights are granted by Schoox.
12. No Warranties; Limitation of Liability; Release
SCHOOX SERVICES AND USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE MAKE NO, AND DISCLAIM ANY AND ALL, EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION, OPERATION, SAFETY OR SECURITY THEREOF. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, SITE CONTENT, USER CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE USER CONTENT OR THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, USER CONTENT OR MATERIALS AND USE APPROPRIATE SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN USER CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO ANY DEVICE OR SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USER CONTENT OR GOODS OR SERVICES PROVIDED BY ANY SCHOOX USER, MERCHANT OR OTHER CONTENT PROVIDER. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE INTRUDER FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, RELIABILITY, COMPLETENESS, CURRENTNESS, TRUTHFULNESS OR ACCURACY.
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF SCHOOX SERVICES. YOU AGREE THAT SCHOOX AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR US (INCLUDING, WITHOUT LIMITATION, ISPs) WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, OR THE ACTIONS OR INACTIONS OF ANY OTHER USER, EXTERNAL INTRUDER, MERCHANT, CONTENT PROVIDER OR ISP OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SCHOOX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT, SHOULD THE FOREGOING LIMITATIONS OF LIABILITY BE FOUND OR HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT WILL THE TOTAL LIABILITY OF SCHOOX TO YOU FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICE, WHETHER IN CONTACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU ACTUALLY PAID FOR THE PORTION OF SERVICE THAT CAUSED YOU DAMAGE OR LOSS.
YOU HEREBY RELEASE SCHOOX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUPPLIERS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR THE SERVICE, ON ANY THEORY OF LIABILITY AND ANY LEGAL GROUNDS, INCLUDING FOR ANY PAYMENTS MADE BY YOU RELATING TO GOODS AND SERVICES PURCHASED FROM OTHER USERS, MERCHANTS, CONTENT PROVIDERS OR ISPs, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SITE PROFILE OR ACCOUNT DATA, ANY TRANSMISSIONS OF DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY LOSS OF USE, DATA OR PROFITS, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, AND ANY SERVICES THAT ARE DELAYED OR INTERRUPTED.
13. Fees and Charges
We reserve the right to update any fees and charges for the Service at any time, provided, however, that we will inform you of any such fees or charges by posting all relevant information on the Site.
Furthermore, other Users (i.e., Premium Account holders) may also charge fees for User Content offered by them through the Service or the Site (e.g., online courses, tutor offerings). Information about any such fees and charges charged for User Content will also be made available on the Site. All such fees must be paid before you will be granted access to such User Content.
Currently, we charge a commission on every completed transaction using the Site that you agree to for purchasing courses. We may choose to change the fees for our Service from time to time, and such changes are effective upon posting them on the Site.
PLEASE NOTE: Within thirty (30) days (a time period which we may waive or modify at our own discretion, provided that any such change shall only be effective for purchases made after our publication here of the said change) of receiving any Content that you may have purchased through the Service, you may cancel your purchase and ask for a refund of any monies that you may have paid for said content as long as you have not completed the Content and no Certificate has been issued. After such period, any payment that you may have made for the said content shall be non-refundable.
You are solely responsible for your interactions with other Users of the Site. The Site is simply a meeting point for teachers and students, and is not a party in any transaction that takes place between you and any other User of the Site or the Service; neither does Schoox control, prescreen, vet, endorse or stand behind any User Content or Third Party Content offered through the Site or the Service, or any User, including any User offering any Content for a fee through the Site. Accordingly, we have no control over the quality, safety or legality of the items or services advertised, or the truthfulness, accuracy, completeness or currentness of any descriptions made. We are not responsible or liable for any action or omission of any User involved in any such transaction, for any failure to perform or to deliver any goods or services as promised, or for any other aspect of any such transaction between Users.
We reserve the right to insert text and/or banner advertisements on any and all parts of the Site, without Users obtaining any right or claim therefrom.
14. Indemnification
You agree to indemnify us and our subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assigns from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Account, including, but not limited to, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights. Schoox will notify you promptly of any claim for which Schoox or any of our subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors or assigns seeks indemnification and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Schoox's interests, as reasonably determined by us.
15. Notices - Consent
Notices given by Schoox to you will be given by your posted e-mail address, or by a general posting on the Site. In any matter requiring Schoox's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Schoox. Notices given by you to Schoox must be given by e-mail addressed as follows: info@schoox.com or by conventional mail. Notices to Schoox by conventional mail must be sent to the address, as appropriate, above written.
16. Effective Date - Changes to Terms
This Agreement takes effect on the date on which you first use Schoox and continues until your Account is terminated either by you or by us. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ON THE SITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF SCHOOX AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
17. Copyright Complaints
Schoox has adopted the below policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), http://lcweb.loc.gov/copyright/legislation/ hr2281.pdf.
The address of Schoox's Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this section.
Schoox will (1) block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our Users, whether or not they have a registered account with Schoox; and (2) permanently remove and discontinue service to any repeat offender. This policy shall cover all aspects of the Service provided by Schoox.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing or accessible on the Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent to Receive Notification of Claimed Infringement listed below. Note that failure to comply with all or any requirements of this section may render your report or notice invalid.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Schoox is capable of finding and verifying its existence;
- Contact information about the notifying party, including address, telephone number and, if available, e-mail address;
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once the Infringement Notification is Received by the Designated Agent:
- Schoox will remove or disable access to the infringing material;
- Schoox will then immediately notify the User that it has removed or disabled access to the material;
- First-time offenders will have the infringing material removed from the system;
- Repeat offenders will have the infringing material removed from the system and Schoox may immediately terminate such User’s access to the Site or the Service.
C. The Alleged Infringing User May Supply a Counter-Notice to the Designated Agent that must Include the Following:
- A physical or electronic signature of the User;
- Identification of the material that has been removed, or to which access to has been disabled, and the location at which the material appeared before it was removed or disabled;
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- User's name, address and telephone number and a statement that User consents to the jurisdiction of the federal court for the judicial district in which the User's address is located, or if the User's address is located outside the United States, for any judicial district in which Schoox is located, and that User will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, a copy of the counter-notice will be sent to the original complaining party, informing that person that it will replace the removed material or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the User, the removed material will be replaced, or access to it restored, within fourteen (14) business days after receipt of the counter-notice.
Please contact Schoox's Designated Agent to Receive Notification of Claimed Infringement at the following address:
D. Designated Agent to Receive Notification of Claimed Infringement:
Brandon Hudgeons., Schoox's COO and VP of Technology.
The address to send the copyright infringements is:
Notification of Claimed Copyright Infringement
Schoox Inc.
98 San Jacinto Blvd, Suite 421,
Austin, Texas 78701
United States of America
Or via email to: dmca@schoox.com
E. False Notifications of Claimed Infringement or Counter-Notifications.
The Digital Millennium Copyright Act provides that:
"[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Schoox Inc.] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. [17 U.S.C. 512(f)]"
Schoox, Inc. reserves the right to seek damages from any party that submits a notification of claimed infringement or counter-notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at copyright@Schoox.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Schoox, the operation of the Site or the Service, or any other matter should be sent to support@Schoox.com.
18. Export Control
Schoox is not intended for use in countries or by persons prohibited under United States law. You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. Furthermore, Users assume responsibility to ensure that information placed on this Site does not violate the U.S. Export Administration Regulations, International Traffic in Arms Regulations, or the Office of Foreign Assets Control including "Deemed Exports" (collectively, "Export Laws").
You, and all persons using this Site on your behalf or at your request or authorization, warrant that you, and all persons using this Site on your behalf or at your request or under your authorization are not denied parties or nationals of any sanctioned countries under any Export Laws. Furthermore, you agree that you shall not post, and shall not allow others to post, any information in violation of the Export Laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. You further agree that you will not further distribute any information on this site to any person or entity in violation of the Export Control Laws. You agree that Schoox, Inc. shall not have any liability for any violation of the Export Control Laws.
Schoox will not accept any payment from any persons in any country or on any list prohibited by the Export Laws, nor will Schoox issue any payments in relation to fees charged for User Content to any such persons or into any such countries. Notwithstanding anything herein to the contrary, you agree that Schoox may revoke at any time, for any reason or for no reason at all, the licenses and other rights granted herein in its sole and absolute discretion without advance notice or compensation.
19. General
Τhese Terms are governed by the laws of the state of Texas, and you consent to the exclusive jurisdiction and venue of the courts in Travis County, Texas, USA in all disputes arising out of or relating to your use of the Site or your Account.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Schoox as a result of your use of your Account. You agree not to hold yourself out as a representative, agent or employee of Schoox and acknowledge that Schoox may not be held liable by reason of any representation, act or omission to act by you. Schoox's performance under these Terms is subject at all times to existing laws and legal process and nothing contained in these Terms is in derogation of Schoox's right to comply with law enforcement requests or requirements relating to a User’s use of the Site. Any failure or delay by Schoox to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Termination for whatever reason will not end those provisions that are capable of surviving the ending of these Terms. The titles and headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms, including Schoox's Privacy Policy, any information provided by you during your registration process and any other documents that are incorporated into these Terms by reference, constitutes the entire agreement between Schoox, as appropriate, and you with respect to your use of the Site and your Account, and it supersedes any and all other communications and proposals, whether oral or written, between Schoox and you with respect thereto.
In the event one or more paragraphs of these Terms, or portions of any paragraph, are declared or adjudged invalid or void by a court of competent jurisdiction, such paragraph shall be narrowed and deemed effective only to the extent they are enforceable, and the remaining paragraphs of these Terms, or remaining portions of any paragraphs, will remain in full force and effect.