Wonders in Education Terms of Service
1. ACCEPTANCE OF TERMS
Wonders in Education provides its services on any purchased website to you, subject to the following Terms of Service (“TOS”), which may be updated from time to time. Please bookmark this page to review the most current version of the TOS at any time. Your use of any purchased website and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the “Agreement”). This Agreement is a legal document that governs the terms and conditions of your subscription to Wonders in Education. You are also agreeing to accept a non-exclusive, non-assignable right and license to use Wonders in Education and its resources. Wonders in Education is offered and sold on a subscription basis; however, certain areas are available to visitors without cost on a trial or demonstration basis.
2. DESCRIPTION OF SERVICE
Wonders in Education offers users access to a diverse array of educational materials through its suite of websites (referred to as the “Service”). Unless explicitly specified otherwise, any additional features that enhance or expand the existing Service, including the introduction of new resources, will be governed by the TOS. You acknowledge and agree that the Service is provided on an “AS-IS” basis, and Wonders in Education bears no responsibility for the timing, deletion, misdelivery, or failure to store any user communications or personalization settings.
You are accountable for acquiring access to the Service, which may entail third-party expenses (such as those from your Internet service provider or airtime charges). You are liable for covering those expenses. Furthermore, you must supply and bear responsibility for all equipment required to access the Service.
3. LICENSE USAGE
A license grants access to the purchased Wonders in Education website(s) as well as permission to utilize its copyrighted resources as part of the classroom curriculum. Each educator utilizing the resources must hold a license to obtain the necessary permission. Each Wonders in Education license is applicable for one teacher or organization (depending on your license). Purchasers of Wonders in Education Licenses may not resell, distribute, or otherwise share with parties outside of the individual classroom or organization (depending on the license) for which the license is purchased. Licenses must be maintained for continued permission to use downloaded, copyrighted materials. Each license must be registered in the name of the classroom teacher utilizing the resources.
As part of the registration process, each educator will choose or be provided with a username and password (“Username”). You agree to provide accurate, complete, unique, and updated contact information for each educator using downloaded resources or accessing the website(s). Failure to do so will constitute a breach of this Agreement, leading to the immediate termination of your rights to use the resources or access the account. You may not (a) select or use a Username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written authorization from that individual, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.
To access the Service or use its downloaded resources, you need to obtain a username and password (“Username”). Usernames are either selected by or issued to individual subscribers or educators within a learning institution (collectively, “Users”) as part of the registration process. You agree to provide accurate, complete, unique, and updated contact information for each educator using downloaded resources or accessing the Services. Failure to do so will constitute a breach of this Agreement, leading to the immediate termination of your rights to use the resources or access the account. You may not (a) select or use a Username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written authorization from that individual, or (c) use a Username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.
You also agree that Usernames may not be shared with anyone outside the registered teacher or organization (depending on your license). They may only be used by the administrator, educator, or student to whom they are assigned. Users remain solely and fully responsible for the proper use of Usernames issued hereunder. Users also agree to supervise and take full responsibility for the use of the Website by minors under the age of 13 years.
All Users are entirely liable for all activities conducted through that Account and are responsible for ensuring that any other person within the registered classroom and/or family who uses the Account is aware of, and complies with, the terms of this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member.
You are responsible for promptly notifying us of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Username. You must also promptly change your Username to prevent unauthorized access to your Account. We will have no liability for any circumstances arising from the unauthorized use of a Username or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law enforcement agencies by us.
4. MODIFICATIONS OF SERVICE
Wonders in Education reserves the right, at any time and from time to time, to alter or cease, temporarily or permanently, the Service (or any portion thereof) with or without prior notice. You acknowledge that Wonders in Education shall not be held liable to you or any third party for any adjustments, interruptions, or discontinuations of the Service.
Wonders in Education may modify, add, or remove any portion of this Agreement, or any other terms related to the usage of the website, at any time, by publishing a notice of such alterations on the Terms of Service page of the website. Such alterations shall be considered part of the Agreement and shall take effect as soon as the notice is posted. By continuing to utilize the services subsequent to the notice being posted, you signify your acceptance of those modifications.
5. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your interactions or transactions with sponsors, third parties, or advertisers discovered on or through the Service, including the payment and delivery of related products or services, as well as any other terms, conditions, warranties, or representations connected with such transactions, are exclusively between you and those sponsors, third parties, or advertisers. You acknowledge that Wonders in Education shall not bear responsibility or liability for any loss or damage of any nature arising from such transactions or from the presence of such sponsors, third parties, or advertisers on the Service.
6. LINKS
Wonders in Education may offer, or third parties may offer, links to other websites or internet resources. Since Wonders in Education lacks control over such websites and resources, you acknowledge and agree that Wonders in Education is not accountable for the availability of such external websites or resources, and does not endorse or assume responsibility for any content, accuracy, quality, advertising, products, or other materials on, or accessible from, such websites or resources. Furthermore, you acknowledge and agree that Wonders in Education shall not be held responsible or liable, directly or indirectly, for any damage or loss incurred, or claimed to be incurred, as a result of or in connection with the use of, or reliance on, any such content, goods, or services available on, or through any such website or resource.
7. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR UTILIZATION OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WONDERS IN EDUCATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY SORT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WONDERS IN EDUCATION MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE ACQUIRED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WONDERS IN EDUCATION OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY WONDERS IN EDUCATION AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WONDERS IN EDUCATION SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WONDERS IN EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL WONDERS IN EDUCATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING WONDERS IN EDUCATION.
9. EXCLUSIONS AND LIMITATIONS
In certain regions, laws may not permit the exclusion of specific warranties or the restriction or omission of liability for incidental or consequential damages. Consequently, some of the limitations outlined in Sections 6 and 7 above may not be applicable to you.
10. TRADEMARK INFORMATION
All materials on the Wonders in Education websites, including but not limited to names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements comprising the Service, are safeguarded by copyrights and other intellectual property rights owned and managed by Wonders in Education or by other parties who have licensed their material to Wonders in Education or which have been procured through third-party licenses or agreements. Unless explicitly provided herein, no Online Materials may be republished, posted, transmitted, or distributed in any manner, or otherwise utilized for any purpose, without the prior written consent of their respective owners. You are not permitted to add, delete, distort, or otherwise modify any Wonders in Education content. Any unauthorized attempt to alter any Online Material, to circumvent security features, or to use this website for purposes other than its intended ones is prohibited and grounds for immediate termination with or without notification.
If you suspect that the content or trademarks of a Wonders in Education website product are being misused please us as soon as possible in**@****************on.com
11. NON-WAIVER
The failure of Wonders in Education to enforce any right or provision of the TOS shall not be considered as giving up that right or provision. If a court finds any provision of the TOS to be invalid, the parties still agree that the court should try to carry out the intentions of the parties as shown in the provision. The other provisions of the TOS will still be in effect. You also agree that regardless of any laws to the contrary, any claim or legal action related to the use of the Service or the TOS must be filed within one year after the claim or cause of action arises, or it will not be possible to take legal action later.
12. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
13. VIOLATIONS
Please contact us immediately to report any violations at in**@****************on.com.
14. INDEMNIFICATION
You agree to indemnify, defend, and absolve Wonders in Education from any claims and expenses, including reasonable attorneys’ fees, that arise from or are related to any violation by you of any terms of this Agreement.
15. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters you send to Wonders in Education, including but not limited to questions, comments, suggestions, criticisms, or similar content (“Received Materials”), will be considered non-confidential and without any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information not to be distributed. Wonders in Education will have no obligations regarding such Received Materials, and it will be free to reproduce, use, disclose, exhibit, display, modify, condense, create derivative works from, and/or distribute the Received Materials without any limitations or restrictions. Additionally, Wonders in Education is free to utilize any ideas, concepts, know-how, or techniques found in any communication you send to Wonders in Education for any purpose, including but not limited to developing, manufacturing, and marketing products using such information, without compensation or obligations to anyone, including you.
16. PRIVACY
Wonders in Education is dedicated to safeguarding the privacy of website visitors and refrains from sharing personally identifiable information with third parties without your explicit consent. Please refer to our Privacy Policy for comprehensive details regarding our practices concerning information collection, utilization, and disclosure. You recognize that while Wonders in Education endeavors to adhere to and ensure compliance with our Privacy Policy by its users, content providers, distributors, and licensees, Wonders in Education cannot be held liable for the actions of third parties who contravene our Privacy Policy.
17. RESTRICTIONS ON USE
You are prohibited from utilizing Wonders in Education or its content for any unlawful purpose or in any manner inconsistent with these Terms and Conditions. You agree to use Wonders in Education solely for your personal noncommercial use and benefit and not for resale or any other transfer or disposition to any other individual or entity.
Permitted Use: You are granted permission to print a reasonable number of copies of Wonders in Education content displayed on the Website for noncommercial personal or classroom use, provided that any copies you print continue to display all notices concerning copyright, trademark, and other proprietary rights that appear in the material you reproduce and do not exceed the classroom license set forth in Section 3.
Prohibited Uses: Except as expressly permitted by copyright law and as allowed in the preceding paragraph, you must obtain written permission from Wonders in Education or the third-party owner of material appearing on the Website for any other copying, redistributing, or publishing of any Wonders in Education or “Third Party Content.” Downloading any code from the Website is strictly prohibited. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Wonders in Education or Third Party Content, in whole or in part, for commercial purposes without the express permission of Wonders in Education.
Linking to and framing the Website: You may create and publish links to any WondersInEducation.com homepage. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.
Additional Restrictions: You may not: (a) access the Website by any means other than by means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or service; (c) sublicense, rent, lease, or permit any third party to access any Website application or service through the use of User’s Username, except as permitted hereunder; (d) publish the results of benchmark tests of any Website application or service or use any Website application in any manner which is competitive with services provided by Wonders in Education; and (e) knowingly use or permit any others to use any facilities or services of Wonders in Education or its Licensors in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or online environment.
Users understand that except for Wonders in Education Content, Wonders in Education does not control, provide, operate, and is not responsible for any content, goods, or services available on the Internet other than the Wonders in Education Content on the Website. Internet content made accessible on the Internet by independent third parties is not part of, and is not controlled by, Wonders in Education. Wonders in Education neither endorses nor is responsible for the accuracy or reliability of such Internet content, goods, or services.
Users should be aware that the Internet contains content, goods, and services that may be obscene, improper, hurtful, or otherwise offensive and may not be suitable for certain users of the Website. Because of the nature of the Internet, we cannot control where children may go while using the Website. Parents, guardians, or teachers should supervise children when using the Website and the Internet at all times.
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. In the event you download Content from Wonders in Education, the software, including any files, images incorporated in or generated by the software, and data that may accompany the Content, are licensed to you by Wonders in Education. Wonders in Education, or our contract partners, do not transfer the title to the Content to you. Wonders in Education, or our contract partners, retain full and complete title to the Content and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, or disassemble the Content.
18. SEVERABILITY
If any part of this Agreement contradicts the law or if any such part is deemed invalid by a court with jurisdiction over the parties to this Agreement, that part will be revised to reflect the original intentions of the parties as closely as possible within the confines of applicable law, and the rest of this Agreement will still be fully effective.
19. ENTIRE AGREEMENT
This Agreement, along with any additional terms and conditions of service found on a Wonders in Education website, represents the complete agreement between you and Wonders in Education, dictating your utilization of the Service.
20. REFUSAL OR DISCONTINUATION OF SERVICE
If Wonders in Education determines, at its sole discretion, that a User has breached any part of these terms and conditions, or has displayed inappropriate conduct, it reserves the right to (i) notify the User via email that they have violated this Agreement; (ii) remove any content provided by the User (or anyone accessing User’s account); (iii) terminate the User’s account and/or any other Wonders in Education service; (iv) inform and/or cooperate fully with the relevant law enforcement authorities for further action; (v) retrospectively charge for the unauthorized use; and/or (vi) take any other action that Wonders in Education considers appropriate.
