Last update: May 20th, 2021
PLEASE READ THIS DOCUMENT CAREFULLY
Curipods’s Platform can be found at https://curipod.com. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.
Snapmentor AS (“Curipod”) provides an online learning platform, designed to allow Institutions or Users to communicate with students. Curipod offers this platform along with a number of additional other services (e.g. analytics) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Curipod Services”.
By using our Platform in any manner You are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or You do not wish to be bound by these Terms, you must not use or access Curipod’s Platform in any manner.
Curipod is neither a content provider nor an educational institution. Institutions, Users and Students are not employees of Curipod. Curipod is not responsible for interactions between Institutions, Users and Students, with the exception of providing the technological means through which Institutions and Users may communicate with Students. Curipod is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Institution/User/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Student, User or Institution.
2. Age of Access
If you are under the age of 16 you must have a parent or guardian’s permission to use the Platform.
Other age restrictions might be imposed from the Institution using the Curipod platform.
4. Code of Conduct
- We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
No Illegal Activity: This is about as simple as it gets. Do not use the Curipod Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity
No Bad Code: Do not use the Curipod Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that you don’t like your inbox cluttered with spam. You may not use the Curipod Platform to engage in any activities that will result in sending spam to anyone on the Curipod Platform, including Curipod(and its employees), Institutions, and Students
No Exploitation: You will not use the Curipod Platform to try to gather personal information on anyone, outside of the limited permissible uses for communication.
No Impersonation of Curipod or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Curipod. You will not impersonate Curipod or any of its employees
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended
- If You violate this Code of Conduct we reserve the right to remove You from the Curipod Platform. Whether conduct violates our Code of Conduct will be determined in Curipod’s sole discretion.
5. Course and Services Content
- While we’re on the subject of ground rules, we should also discuss what content is prohibited on the Curipod Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Curipod Platform.
Curipod reserves the right to remove You and Your content should Your content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement
6. Intellectual Property and Your content
In operating our Platform, it’s important for us to make it clear who owns what. You are trusting us with your content and consistent with Curipod’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Curipod community.
- Curipod content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Curipod Content”, and is and remains the sole property of Curipod. Curipod Content, including our trademarks, may not be modified by You in any way.
- Your Content: Content that You upload to the Platform (e.g. pictures, text) is and remains Your content. Curipod does not claim any intellectual property rights over the materials You upload to the Curipod Platform by virtue of Your use of our services. By uploading your content to the Curipod Platform, You agree that:
- Curipod may use Your generated content to provide Users and Institutions the possibility to analyze aggregated data and gather insight.
- Curipod may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Curipod has no obligation to review anything that You upload
- You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
7. Curipod’s General Rights In Operating Its Platform
- Curipod reserves the following rights over the entire Curipod Platform:
Curipod may modify, terminate, or refuse to provide Curipod Services at any time due to business considerations or other reasons, without notice.
Curipod may remove anyone from the Curipod Platform at any time for any reason, solely in Curipod’s discretion. This right is not modified by any other section of this Agreement
Curipod may, but has no obligation to, monitor any content that appears on the Curipod Platform or review any conduct occurring through the Platform, including any interactions between Institutions, Users and Students and Curipod employees
8. Third Party Communications
- By using Curipod’s Platform, You may receive communications from third parties (e.g. an Institutions may communicate with a Student). Curipod is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Curipod assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
- Curipod is not responsible for setting the pricing on an Institution’s content. Prices for Institution’s services are set by the Institution. The pricing plans Curipod’s service is available at the pricing page of curipod.com. We reserve the right to change the pricing and or the offering of each plan at our sole discretion.
10. Limitations of Liability
In running the Platform, we require that You understand and agree that Curipod is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Curipod doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Curipod will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
- You agree that Curipod, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Curipod Platform
- You agree that Curipod shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications
- Curipod is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command
- Curipod does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code
- The Curipod Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Curipod Platform
- Curipod disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title
- Curipod shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform
- You agree that Curipod shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Curipod , its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Curipod policies, and copyright and other intellectual property law)
- You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
- You may not assign Your rights under this Agreement without Curipod’s prior written consent
- Should Curipod’s limitation of liability not be applicable, Curipod’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Curipod over the prior twelve (12) months directly preceding your claim, unless otherwise required by law
- You agree that Curipod shall not be liable for any content that appears on the Platform
- Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity
- You agree that any cause of action or claim that You may have against Curipod must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred
- The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Curipod shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
- Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.