Terms of Service
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY EDUCYCLE, INC. ("EDUCYCLE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.EDUCYCLE.COM (THE "SITE") AND ALL SERVICES PROVIDED BY EDUCYCLE ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Educycle is a Venue
Educycle acts as a venue to allow users who comply with Educycle's policies to offer, sell and buy certain goods within a fixed-price format. Educycle also provides a collection of online resources, including classified listings, advertising, and links to third party sites (referred to hereafter as "the Service"), available at the URL (the "Site"), that are subject to the following Terms of Service ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Educycle services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to Educycle is not directly involved in the transaction between buyers and sellers. As a result, Educycle has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Educycle does not pre-screen users or the content or information provided by users. Educycle cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Educycle does not transfer legal ownership of items from the seller to the buyer.
Educycle cannot guarantee the true identity, age, and nationality of a user. Educycle encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Educycle is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Educycle. You use the Educycle service at your own risk.
2. Membership Eligibility
Age: Educycle's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Members of this site also must be a teacher (public or private sector), work for and represent an educational institution, or represent a legal business entity. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Educycle may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Educycle's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Educycle's policies as stated in the Agreement and the Educycle policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Educycle, each of which is incorporated herein by reference and each of which may be updated by Educycle from time to time without notice to you:
· Educycle Content Policy
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Educycle from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Educycle of any unauthorized use of your password or any breach of security. You also agree that Educycle cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Educycle without Educycle's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Educycle you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Educycle account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Educycle's services are not available to temporarily or indefinitely suspended Educycle members. Educycle reserves the right, in Educycle's sole discretion, to cancel unconfirmed or inactive accounts. Educycle reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining Educycle is free. Educycle currently do not charge fees for listing an item for sale, nor does it take a percentage of the sale price when the item sells. Educycle reserve the right to change this in the future at anytime, without notice.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Educycle's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Educycle listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Dealings with organizations and indivduals: Educycle shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Educycle is not responsible for any damage or loss incurred as a result of any such dealings. Educycle is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Educycle, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Educycle and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Educycle. You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.
Restricted Activities: Your Content and your use of Educycle shall not:
You agree not to post, email, otherwise make available Content that:
· Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
· Be false, inaccurate or misleading
· Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
· Be fraudulent or involve the sale of illegal, counterfeit or stolen items
· Is harmful to minors or displays sexually explicit material of any kind
· Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
· Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
· Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
· Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Educycle service
· Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Educycle’s prior consent
· Contains personally identifiable information about another member that is published without their express consent
· Contains material originally posted by another member that is reposted without permission or attribution
· Has misleading email addresses or other manipulated identifiers to disguise its origin
· Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Educycle’s infrastructure
· Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Additionally, you agree not to:
· Contact anyone who has asked not to be contacted
· "Stalk" or otherwise harass anyone
· Delete or revise any material posted by any other user
· Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
· Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
· Attempt to gain unauthorized access Educycle computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site
Re-Posting Content: By posting Content on Educycle, it is possible for an outside website or a third party to re-post that Content. You agree to hold Educycle harmless for any dispute concerning this use. If you choose to display your own Educycle-hosted image on another website, the image must provide a link back to its listing page on Educycle.
Idea Submissions: Educycle considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Educycle shall not be liable for the disclosure or use of such Material. If, at Educycle's request, any member sends Material to improve the site (for example through the Forums or to customer support), Educycle will also consider that Material to be non-confidential and non-proprietary and Educycle will not be liable for use or disclosure of the Material. Any communication by you to Educycle is subject to this Agreement. You hereby grant and agree to grant Educycle, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Educycle does not control the Content provided by users that is made available on Educycle. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Educycle, you agree to accept such risks and that Educycle (and Educycle's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Educycle. Please use caution, common sense, and practice safe buying and selling when using Educycle.
Other Resources: Educycle is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Educycle does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Educycle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
Should you have a dispute with one or more users, or an outside party, you release Educycle (and Educycle's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Educycle encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Educycle, for the benefit of users, may try to help users resolve disputes. Educycle does so in Educycle's sole discretion, and Educycle has no obligation to resolve disputes between users or between users and outside parties. To the extent that Educycle attempts to resolve a dispute, Educycle will do so in good faith based solely on Educycle's policies. Educycle will not make judgments regarding legal issues or claims.
9. Educycle's Intellectual Property
EDUCYCLE, and other Educycle graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Educycle, Inc. in the U.S. and/or other countries. Educycle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You further acknowledge that Educycle may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Educycle, its users or the general public.
11. No Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EDUCYCLE, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER EDUCYCLE, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EDUCYCLE ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Liability Limit
IN NO EVENT SHALL EDUCYCLE, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF EDUCYCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EDUCYCLE SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF EDUCYCLE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO EDUCYCLE, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDUCYCLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD EDUCYCLE AND (AS APPLICABLE) EDUCYCLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No Guarantee
Educycle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Educycle's control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
16. No Agency
You and Educycle are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. Educycle Service
Educycle reserves the right to modify or terminate the Educycle service for any reason, without notice, at any time. Educycle reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently. If Educycle makes a material change Educycle will notify you here, by email, by means of a notice on our home page, or other places Educycle deems appropriate. What constitutes a "material change" will be determined at Educycle's sole discretion, in good faith, and using common sense and reasonable judgment.
18. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services), 6 (Content, License), 7 (Information Control), 9 (Educycle's Intellectual Property), 10 (Privacy), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity), 14 (No Guarantee), 15 (Severability), 16 (No Agency), 18 (Choice of Law) shall survive any termination or expiration of this Agreement.
20. General Information
These Terms are governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in San Francisco, California and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Educycle's failure to act with respect to a breach by you does not waive Educycle's right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Educycle shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Educycle's reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
Effective Date: April 9, 2012
Updated: April 9, 2012