zuludesk.com – Terms & Conditions
1. User Generated Content
zuludesk.com does not claim any ownership rights in user generated content (“Your Content”). After posting Your Content, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the zuludesk.com Products needs to comply with the terms of this Agreement.
You hereby, grant zuludesk.com, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the zuludesk.com Products and in all current and future media in which the zuludesk.com Products may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) prepare, use, and disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. This license will terminate at the time you remove your Content from the zuludesk.com Products.
Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies.
You hereby agree that if Your Content is removed from the zuludesk.com Products due to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, zuludesk.com shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of zuludesk.com, any individual, or the general public.
If Your Content is lost, altered, damaged, misused, or otherwise irretrievable, you agree to and hereby do waive any and all liability as to zuludesk.com.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. zuludesk.com does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on the zuludesk.com Products may continue to appear on the zuludesk.com Products, even after you have deactivated your zuludesk.com account or terminated these Terms, as portions of Your Content may have been incorporated into other zuludesk.com features including but not limited to profiles, community boards, third party social sharing sites, RSS feeds or other features.
If you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of zuludesk.com in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, zuludesk.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that zuludesk.com chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against zuludesk.com relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
From time to time, zuludesk.com may give you opportunities to participate in zuludesk.com-sponsored events, promotions, and presentations through calls for user submissions. Calls posted on this Site will contain guidelines for providing zuludesk.com with your submission. These submission guidelines are designed to assist you in providing zuludesk.com with a submission that suits our needs. zuludesk.com may, at its discretion, alter or change the guidelines without notice to you. For instance, zuludesk.com may extend a deadline for submissions, or accept and/or reject submissions that fall outside the guidelines at its discretion. User Submissions Calls are not contests and User Submissions may be evaluated in any manner zuludesk.com and its affiliates deem appropriate. zuludesk.com does not guarantee that any submission you provide will be reviewed or even considered for publication. In some cases, submissions not chosen in a submission call may be used on the Site before, during, or after the close of the submission call. Such appearance on the zuludesk.com site is independent of the decision to use you for a particular event, promotion, or presentation.
3. License to zuludesk.com Products
During and subject to the terms and conditions of this Agreement, zuludesk.com hereby grants you a limited, non-exclusive, non-sublicenseable, non-transferable, freely revocable license to access and use the zuludesk.com Products in the manner in which their use is intended by zuludesk.com. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no other rights in any zuludesk.com Products unless specifically and expressly granted by zuludesk.com in writing. You agree that, as between you and zuludesk.com, all the intellectual property rights in the zuludesk.com Products are owned by zuludesk.com or its licensors.
Remember, students may not contract, therefore, the parent or legal guardian is the responsible party here, and each party who is a registrant and or consumer, with the authority as a parent or legal guardian are the only licensee, licenses may not be transferred to a third party, copied and or distributed.
Distribution and Display of Content Through Embeddable Players and Links. You may link to zuludesk.com, use our RSS feeds, or place our embeddable video player on any kind of Web-based content, including sites, blogs, and online courses. All forms of display, including links and embeds, must always be accompanied by a prominent source link back to the Site. We do not allow external hosting of our videos at this time. Offline downloads of educational videos from iTunes or other means are for personal, educational, or live presentation use only. You may not modify the Content in any way or otherwise make derivative works. If you have questions about this policy, please email our customer support team.
Non-Commercial Print Distribution of Content. You may print pages from zuludesk.com for nonprofit and educational use only. You may not modify the Content in any way or otherwise make derivative works. You may not download or reproduce graphics or visuals separately from the Content. zuludesk.com’s copyright notice and any other credit, byline, and copyright notice attributable to specific content must appear on each one of the educational pages you print and distribute.
License Restrictions. Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Rent, lease, loan, or sell access to the zuludesk.com Products.
- Decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying the zuludesk.com Products.
- Access the zuludesk.com Products to build a product using similar ideas, features, functions, interface or graphics of the zuludesk.com Products.
- Access (or attempt to access) any service on the zuludesk.com Products by any means other than as permitted in these Terms.
- Circumvent, disable or otherwise interfere with any features of the zuludesk.com Products that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any zuludesk.com or third party content.
- Access the zuludesk.com Products to cause a breach of security to the zuludesk.com Products or interfere with the proper working of the zuludesk.com Products or prevent others from using the zuludesk.com Products.
- Delete the copyright and other proprietary rights notices on the zuludesk.com Products.
4. Interactive and Social Features
To the extent such service is available on the zuludesk.com Products, you are welcome to post, transmit or submit messages (“Messages”) to forums, blogs, bulletin boards, chat rooms, user commenting features or other interactive or social features that may be offered within, or in connection with, the zuludesk.com Products (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction. zuludesk.com accepts no responsibility whatsoever in connection with or arising from such Messages, or for the personal information you choose to submit in these features.
zuludesk.com does not endorse and has no control over the content of Messages submitted by others to Forums, or chartrooms. Messages submitted to Forums are not necessarily reviewed by zuludesk.com prior to posting and do not necessarily reflect the opinions or policies of zuludesk.com. zuludesk.com makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, zuludesk.com reserves the right to prevent you from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
zuludesk.com assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time zuludesk.com chooses, in its sole discretion, to monitor the Forums, zuludesk.com nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that zuludesk.com accepts no liability whatsoever if it chooses to block your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the zuludesk.com Products to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the zuludesk.com Products by any other person.
You agree that any Message whatsoever submitted by you becomes the property of zuludesk.com and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as zuludesk.com elects.
5. zuludesk.com Trademarks and Legal Notices
zuludesk.com trademarks, logos, images, service marks, trade names and other distinctive branding features used on the zuludesk.com Products (collectively, the ” zuludesk.com Marks”) are the trademarks of zuludesk.com and may not be used without permission. zuludesk.com is not granting you a license under any intellectual property right to the zuludesk.com Marks. Other trademarks, logos, and trade names that may appear on the zuludesk.com Products are the property of their respective owners.
6. zuludesk.com Ownership Rights
zuludesk.com Products are owned and operated by zuludesk.com, zuludesk.com’s partners or zuludesk.com’s licensees. The contents of the zuludesk.com Products are protected by United States and Netherlands copyright and trademark laws, international conventions and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials, including downloadable material, contained in the zuludesk.com Products (collectively, the “Materials”), are the copyrighted property of zuludesk.com or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by zuludesk.com for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to zuludesk.com or its affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to zuludesk.com or its affiliates and/or third-party licensors.
You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to zuludesk.com. You agree to abide by all copyright notices, information, or restrictions contained in any part of the zuludesk.com Products. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on or in any of the zuludesk.com Products.
7. Third Party Content and Hyperlinks to Third Party Sites
Content from other users or advertisers, including information about third party products and services and any third party applications (“Third Party Content”), is made available to you through the zuludesk.com Products.
The inclusion of Third Party Content on the zuludesk.com Products does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, any such Third Party Content is the sole responsibility of the person from which such Third Party Content originated, and zuludesk.com has no obligation to monitor such Third Party Content.
Notwithstanding the foregoing, zuludesk.com or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.
You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the zuludesk.com Products you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the zuludesk.com Products at your own risk.
Additionally, zuludesk.com or third parties may provide hyperlinks on the zuludesk.com Products, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the zuludesk.com Products and the inclusion of any link on the zuludesk.com Products does not imply zuludesk.com’s affiliation or endorsement of such Third Party Sites, their business practices (including their privacy policies) or any information therein. zuludesk.com expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the zuludesk.com Products.
8. Acceptable Use and Conduct
You represent and warrant to zuludesk.com that: (a) you will comply with all applicable local, state, national and international laws, rules, and regulations in connection with your use of the zuludesk.com Products; (b) you have the right to grant to zuludesk.com the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer programming routines that may potentially damage, harm or otherwise interfere with the zuludesk.com Products. You are solely responsible for your conduct and Your Content on the zuludesk.com Products. We want to keep the zuludesk.com Products safe and fun for everyone and the use of the zuludesk.com Products for unlawful or harmful activities is not allowed. You specifically agree that:
You will not post, email or make available any content (including without limitation submission of any Messages to Forums or any of Your Content) to users or use the zuludesk.com Products:
- In a manner that infringes, violates or misappropriates zuludesk.com’s or any third party’s copyright, trademark, trade secret or other intellectual or property rights, contractual rights or rights of publicity or privacy (and by submitting Messages to Forums or any of Your Content, you represent to zuludesk.com that you are the rightful owner of such content or that you have first obtained permission to submit the material from the rightful owner);
- to reveal trade secrets or any information which you have agreed, expressly or by implication, to keep confidential;
- in a manner 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;
- to engage in illegal activities or any advertising, commercial, marketing or promotional activities that are intended to solicit a person to buy or sell services or to make donations, or link to, directly or indirectly, any sites that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the zuludesk.com Products;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for zuludesk.com or cause zuludesk.com to lose (in whole or in part) the services of our ISPs or other suppliers;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy or publicity rights;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by zuludesk.com;
- to impersonate a zuludesk.com employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the zuludesk.com Products without authorization;
- to interfere or attempt to interfere with the proper working of the zuludesk.com Products or prevent others from using the zuludesk.com Products, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the zuludesk.com Products, or that otherwise negatively affects other persons’ ability to use the zuludesk.com Products;
- to obtain or attempt to obtain any Materials or information through any means not intentionally made available through the zuludesk.com Products;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the zuludesk.com Products or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the zuludesk.com Products or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products or commercial interests.
You acknowledge that zuludesk.com may terminate your account and remove your account information, as well as disable your access to the zuludesk.com Products, for violation of this section or these Terms and any other reason as zuludesk.com may deem necessary.
9. Copyright Infringement/Digital Millennium Copyright Act Compliance
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the zuludesk.com Products infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the zuludesk.com Products are covered by a single notification, a representative list of such works at that zuludesk.com Products.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit zuludesk.com to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit zuludesk.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or e-mail as set forth below.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which zuludesk.com may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
zuludesk.com only accepts counter-notifications that meet the requirements set forth above and are received from the email address associated with the account you used to upload the content within seven (7) business days of our forwarding you the DMCA notice. You may submit your counter-notification by sending it to our Designated Copyright Agent by mail or e-mail.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Westerbracht 2, 7821 CH, Emmen, The Netherlands.
For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. zuludesk.com may remove any allegedly infringing content without any liability to you. zuludesk.com will promptly terminate without notice any user’s access to the zuludesk.com Products in appropriate circumstances where the user is a repeat infringer of copyrights. Generally, zuludesk.com will consider a user a repeat infringer if it has received more than two third-party notices of alleged infringement concerning content posted by that user anywhere on the zuludesk.com Products. zuludesk.com, however, reserves the right to identify and terminate users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that user.
10. Your Account
We may ask you to register and create a Site account in order to access, interact with, or otherwise use certain zuludesk.com Products. You are responsible for keeping your zuludesk.com account information secure. You agree to provide zuludesk.com with current, complete and accurate information for the duration of your zuludesk.com account. zuludesk.com accounts are non-transferable. You will be solely responsible and liable for any activity that occurs under your zuludesk.com account. zuludesk.com reserves the right to log off or deactivate accounts for extended inactivity, any violation of these Terms, and for any other reason at any time within the sole discretion of zuludesk.com. You may delete your zuludesk.com account and end your use of the zuludesk.com Products at any time by logging in and completing the account deletion flow.
You agree to indemnify, defend, protect, and hold harmless zuludesk.com, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:
- Your use or misuse of, or connection to, the zuludesk.com Products;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party; and
zuludesk.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of zuludesk.com. zuludesk.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Your Interactions with Other Users
Your interactions with other users and third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or third party. As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any user or third party, zuludesk.com is under no obligation to become involved.
You release zuludesk.com, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
13. Changes to the zuludesk.com Products
zuludesk.com reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of the zuludesk.com Products or any part thereof, including adding new features to the zuludesk.com Products, with or without notice. zuludesk.com will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the zuludesk.com Products or any of the zuludesk.com Products as a whole.
14. Beta Programs
On occasions, zuludesk.com may choose certain users to test, review, examine, assess, and use certain zuludesk.com Products through a Beta program (“Beta”). You may be required to register for an account or otherwise submit certain personal information in order for zuludesk.com to identify you, properly determine your eligibility to participate in a Beta, and contact you upon selection for a Beta. zuludesk.com will select qualified Beta users on a first-come first-served basis. Selection for a Beta program in no way creates an employment relationship between zuludesk.com and the Beta user and does not entitle the Beta user to any benefits or compensation.
If you participate in a Beta, you must not disclose any information in any form regarding any part of the Beta unless expressly permitted in writing. You may not share, post, blog, send, email, record, summarize, excerpt or otherwise disclose any part of any Beta, including the sale, resale, copying, or distribution of any access codes or keys to participate in any Beta. zuludesk.com may collect any and all information submitted as part of the Beta including but not limited to certain personal information, user data, and game play data. You agree to allow zuludesk.com to contact you regarding your participation in the Beta and seek your participation in user group studies and other participatory surveys. It does not mean you must participate, you may opt out at anytime.
We may amend, modify, change, add or remove portions of this Agreement at any time without notice to you by posting a revised version on zuludesk.com or elsewhere on the zuludesk.com Products. The revised version will be effective at the time we post it. Please check this Agreement periodically for changes. Your continued use of the zuludesk.com Products after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing zuludesk.com user on the earlier of (a) the date you accept it, or (b) thirty (30) days after the material changes are initially posted to zuludesk.com or elsewhere on the zuludesk.com Products. The revised version will apply to you immediately if you are a user who registers or first uses the zuludesk.com Products on or after the posting of the revised version.
16. Term and Termination
Term. This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein.
Termination. zuludesk.com has the right (at its sole discretion) for any reason to delete, disable or deactivate your account (or any part thereof), block your email or IP address, or otherwise terminate your access to or use of the zuludesk.com Products, and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in zuludesk.com’s sole discretion, with or without notice, and with no liability of any kind to you or any third party. You may delete your zuludesk.com account and end your use of the zuludesk.com Products at any time by logging in and completing the account deletion flow.
17. Injunctive Relief; Governing Law; Venue
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy and that zuludesk.com shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach.
Nothing in this Section shall be construed as preventing zuludesk.com from pursuing any and all remedies available to it, including the recovery of money damages from you.
This Agreement shall be governed by and construed in accordance with California governing law and applicable provisions of U.S. federal law, laws of the Netherlands, without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder. You agree to submit to the personal and exclusive jurisdiction of the federal courts of Westerbracht 2, 7821 CH, Emmen, Netherlands, for the purpose of litigating all such claims or disputes.
18. General Terms
The failure of zuludesk.com to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not delegate or transfer your duties and obligations under this Agreement or assign this Agreement or your zuludesk.com account, in whole or in part, to anyone. zuludesk.com may assign any of its rights and obligations under this Agreement without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.
The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
zuludesk.com may provide you with notices, including those regarding changes to this Agreement or any of zuludesk.com’s terms and conditions, by email, regular mail, or postings on the zuludesk.com Products. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the zuludesk.com Products) are deemed given two (2) days following the initial posting.
The Site [web property] is operated by zuludesk.com to deliver and provide a service for adults to review materials/products/services as an information source, including but not limited to, information on, any and all materials/products/services are offered by 3rd party sellers, of zuludesk.com, if any, all inclusive, hereunder, herein. zuludesk.com provides this website for members/consumers to view the aforementioned as humor blog website or web property. Members/consumers may register via: Facebook, Twitter as an example in order to give a short biography and if approved will be able to leave comments or reviews.
Each member and or consumer understands and agrees, zuludesk.com is in the business of uploading and downloading pictures, videos, digital videos, feeds, gifs, jpg, images, photos, IT department too, and may be selling any materials/products/services over the internet, and all materials/products/services may be deemed informational. Each member/consumer understands and agrees to the terms and conditions, covenants, herein. (the “Service”), to offer or provide certain related materials, services and or products, specifically, including but not limited to, any and all services/products, listed, exclusively offered as 3rd party seller transactions, zuludesk.com is not directly or indirectly involved in any sales transactions, and holds no liability whatsoever.
zuludesk.com does not facilitate, demonstrate, perform, any sales transactions as any and all materials/products/services are 3rd party seller transactions. If you see images, content, pics, photos, photography, recordings, videos, digital videos which may constitute a copy infringement violation please email us immediately and or call us so we can remove such material if there is in fact a copyright infringement. If you read a comment and or review you do not agree with please again, email us and or call us with your concern and will take action into the legitimacy of your concerns.
I. Images, Pictures, Photos, Videos, Content
zuludesk.com contains images and content, including but not limited to: text, software, images, graphics, data, messages, videos, flash, stories and or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by zuludesk.com . (collectively called, “Materials”).
All Materials displayed on zuludesk.com are protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press, and parallel provisions of other and all constitutions from around the world globally.
zuludesk.com is an educational website and or web property site, in whereas, all images of any and all materials/products/services by members/consumers may or may not be the original materials/products/services/content actually offered by 3rd party sellers. zuludesk.com is an information source web property so students and teachers can communicate using technology iPads to further their goals.
You also acknowledge that zuludesk.com is intended to contain only images, photos, graphics, and content protected by the First Amendment to the United States Constitution and the Country of Westerbracht 2, 7821 CH, Emmen, The Netherlands. If you are seeking information regarding illegal activities, please leave zuludesk.com immediately. You are further aware of the community standards of your community, and you will only access the content on zuludesk.com if you believe, upon diligent investigation, that the content on zuludesk.com does not violate any community standards. You further agree not to use or access zuludesk.com if doing so would violate the laws of your state, province or country, or violate any personal laws that you have been placed against you by the court of law.
II. Age of Majority and Member
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit zuludesk.com immediately and may not use or access zuludesk.com. You agree not to bypass any security and/or access feature on zuludesk.com .
Additionally, zuludesk.com, a website, does not assume any responsibility or liability for any misrepresentations regarding a user’s age or representation of such.
B. Member for IT Department
Member may not be assigned, transferred, or sold to a third party. zuludesk.com disclaim any and all liability arising from fraudulent entry and use of zuludesk.com. If a user fraudulently obtains access, zuludesk.com may terminate Member immediately and take all necessary and appropriate actions under applicable federal, state, and international laws to do so.
You acknowledge that all materials/products/services on zuludesk.com are protected by the First amendment of the U.S. Constitution and the Country of Westerbracht 2, 7821 CH, Emmen, The Netherlands. zuludesk.com holds all rights to determine what is appropriate for the website. At any time, photos can be removed without question and without notification. All sales inquiries are to be forwarded to the 3rd party seller, not zuludesk.com , as zuludesk.com does not sell any materials/products/services. ZuluDesk Teacher (an app for teachers) and ZuluDesk Management System (a tool for the IT department in a school) are a few of our products currently available. If you need any further description of the aforementioned, please contact our customer support team at: [email protected]
IV. Access to, Limited License, and Interference with, SITE
To access zuludesk.com or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of zuludesk.com that all information you provide must be correct, current, and complete.
If zuludesk.com believes the information you provide is not correct, current, or complete at any time, zuludesk.com has the right to refuse you access to zuludesk.com or any of its resources, and to terminate or suspend your access at any time without an explanation or notification. This includes terminating your account for fraudulent activities or behavior we feel do not meet the standards of zuludesk.com. Your electronic signature becomes valid the second you sign in as a member, meaning, you are stating you agree and understand the terms & conditions of this website.
B. Limited License, including the [teacher APP] and [IT department tool]
Subject to these Terms and Conditions and in consideration of using zuludesk.com, zuludesk.com hereby grants you a limited, nonexclusive, nontransferable personal license to access and use zuludesk.com and the website contained therein. zuludesk.com provides personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of the site. Users are defined as (Consumers) of the site are granted a single access to the website. Sharing your consumer account with other people is grounds for immediate termination. By stealing, copying, sharing, or granting consumer based information to other people will be considered violators of this limited license may be prosecuted to the fullest extent under the applicable law. In other words, if you steal anything from this website including images, text, graphics, photos, your Member will be immediately canceled and we will take legal action.
Except where expressly permitted by law, you may not translate (either language or coding), reverse-engineer, decompile, disassemble or make derivative works from our zuludesk.com. You hereby agree not to use any automatic device or manual process to monitor or reproduce zuludesk.com , and will not use any device, software, computer code, hardware or virus to interfere or attempt to disrupt or damage zuludesk.com or any communications on it. All attempts are logged, including IP address and all other identifiable means and we will contact authorities and take full legal action.
V. Restrictions on Use of SITE
You may use zuludesk.com only for purposes expressly permitted by the Terms and Conditions of zuludesk.com. You may not use zuludesk.com for any other purpose, including any commercial purpose, without zuludesk.com ‘s express prior written consent. Without the express prior written consent of zuludesk.com, you may not:
Duplicate zuludesk.com and or any of the materials/products/services contained on the website (except as expressly provided above in Paragraph IV); create derivative works based on zuludesk.com or any of the Materials/Products/Services contained on the website; use zuludesk.com or any of the Materials contained on the website for any public display, public performance, copy, website, sale or rental; re-distribute zuludesk.com or any of the Materials/Products/Services contained on the website including mobile content without the written permission; remove any copyright or other proprietary notices from zuludesk.com or any of the Materials/Products/Services contained on the website including taking photos or graphics from the site.;
frame or utilize any html, php, java, or any other framing techniques in connection with zuludesk.com or any of the Materials/Products/Services contained on the website; use any meta-tags or any other “hidden text” using zuludesk.com’ name or marks registered or not; circumvent any encryption or other security tools or measures used anywhere on zuludesk.com (including the theft of user names and passwords or using another person’s user name and password or credit card in order to gain access to a restricted area of zuludesk.com (both for consumers and for friends); use any data mining, robots, viruses, or similar data gathering and extraction tools on zuludesk.com; decompile, reverse engineer, modify or disassemble any of the software aspect of the site; sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or any of your rights to access and use the materials as granted in Paragraph IV above including photos, images, graphics, profiles, text.
You agree to cooperate with zuludesk.com in causing any unauthorized use to cease immediately. At any time, if zuludesk.com provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using zuludesk.com or other services included on zuludesk.com. You are solely responsible for submitting any material that violates any United State, or International laws, specifically Latvia, Northern Europe even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and zuludesk.com shall terminate all your rights under this Agreement.
A. Registration, including teachers and students
You are responsible for providing all equipment and the computer/mobile technology necessary to access zuludesk.com. You may access the non-public portion of zuludesk.com only by being a consumer in good standing to zuludesk.com. zuludesk.com reserves the right to modify materials and zuludesk.com’s design at anytime, with or without prior notice. Please check back often to check the date located on the top of the terms and conditions page.
Upon submission of the online registration form, zuludesk.com or its authorized agent will process the application. In connection with completing the online registration form, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a consumer. If you provide any information that is untrue, inaccurate, not current or incomplete, zuludesk.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, has the right to suspend or terminate your account and refuse any and all current or future use of zuludesk.com, as well as subjecting you to criminal and civil liability. You are responsible for any related fees that we occur with respect to your account on zuludesk.com, if any. Remember, this is a humor, parody information blog, you have not property right interests within our intellectual web property identified as zuludesk.com.
B. Consumer Account, Password and Security
As part of the registration process, you may be issued a unique user name and password which you must provide in order to gain access to the non-public portion of zuludesk.com. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. Each teacher and student is responsible for updating their respective information.
We reserve the right to disallow the use of usernames that we, at our sole discretion, that we deem inappropriate. We reserve the right to cancel at any time the Member of any consumer who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your Membership, the ID and password are nontransferable and non-assignable.
You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to zuludesk.com to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to access zuludesk.com.
You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. zuludesk.com will not release your password for security reasons. You agree to (a) immediately notify zuludesk.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of zuludesk.com until you notify zuludesk.com by email us regarding that unauthorized use. Unauthorized access to zuludesk.com is illegal and a breach of this Agreement.
You indemnify zuludesk.com against all activities conducted through your account. You may obtain access to your billing records regarding charges of your use of zuludesk.com upon request.
C. Member registration
Our website rules:
D. IT department tool
If the information is trademarked or copyright information do not upload. Don’t upload gore, obscenity, advertising, solicitations, “hate speech” (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality. Don’t hotlink to adult content, or to file-sharing or torrent sites, and don’t use zuludesk.com as a content delivery network. Don’t be discourteous to anyone, and if we receive any complaints we will be the judge and take action against you if necessary. Do not even try to hotlink to any porn or hate sites, we will ban you by your IPN and or user name. Remember, this is a information, humor blog, parody website for enjoyment of entertainment. We preach peace and harmony not hate and argument. Please take the time to read before you make a negative comment and give people a chance to make a wrong a right. Our application and APP, IT department tool are interactive software programs prohibiting some access such as:
The IT department identifies an exorbitant amount of information about devices and has the capability to manage the device. Essentially the IT department has the same functionality as the teacher, but with additional tools and info. You can also clear the pass code for a device at anytime. You have the authority to change this password, due students forgetting their pass codes. Additionally, you also have the authority to lock a device or even wipe the device.
Check the approximate location, information about the device (battery level, storage capacity, etc.), name of the owner, what policies the device has, if iCloud backup is enabled along with additional features of options.
Quick overview of all the profiles that are installed on the device
See what apps are installed on the device
zuludesk.com APP restrictions
See the currently active restrictions on this device and who (which teacher) enforced it. You can also see a log which shows all the restrictions the device had and who enforced it.
Teacher Application, APP
- You can lock students in a specific APP using the APPLOCK.
- You can select an APP from a dropdown list which is provided by the IT department of your school.
- You can also change settings for the student.
- For example: Disable touch function or stop the device from going into sleep mode. You can automatically clear the restrictions after a few minutes.
The WEBLOCK feature, allows you an option where you can force your students to work with Safari web browser and visit white listed websites the teacher defines. Meaning, the students can visit only those websites which the teacher allows them to visit. This can be useful if you want to let the students read or write an article about something and you want them to access only a certain website, for example Discovery.com.
The RESTRICTIONS feature, allows you to restrict the use of certain functionality of the device. For example: if you want to disable the camera, you can simply click on the camera to disable it and apply it to your students. You can restrict a student individually, a few students, or even the entire class, these options are afforded to you and should not be used as a source of discipline or eliminate a student based on a personality clash.
If you select a student, you can view all kinds of device information. For example:
- you can see the battery level of the device. You can also see what restrictions are currently active and if iCloud backup is enabled. You can also see the device’s location. The map showing the device’s approximate location is optional, the IT department controls this info whether it should be visible to teachers or not.
You can also clear the pass code of a student’s device. For example:
- In the case of a student changes the pass code and then forgets the pass code. It happens regularly so this is a feature you’ll use often.
Apple.com® allows users to delete MDM profiles which are very unfortunate and there’s nothing we can do to prevent this. When a user removes a MDM profile, the IT department will be informed. The teacher can also see this; however, zuludesk.com will display a red circle around the student showing that the student has connection issues.You can easily see who is connected to zuludesk.com and who has a problem. Here you can clearly see the student who has not got a connection to zuludesk.com and you can report it to IT Management to solve the problem. Our customer support system is available to you: [email protected]
E. Consumers access
zuludesk.com monitors all activities both automatic (via website programming) as well as manual (human editors) to maintain proper use and etiquette on zuludesk.com. If we feel you are violating the terms and conditions we will take all necessary matters to make sure that no consumers are harassed or spammed.
VII. Termination of Teachers APP or IT department tool
You may cancel your membership at any time.
This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your Membership, you will no longer have access to the non-public areas of zuludesk.com to which you were a member/consumer. Without limiting other remedies, zuludesk.com may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of zuludesk.com if any unpaid billing has not been satisfied.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF zuludesk.com OR ANY OF THE MATERIALS/PRODUCTS/SERVICES CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. zuludesk.com AND ALL MATERIALS/PRODUCTS/SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
zuludesk.com, ITS OWNERS MAKES NO REPRESENTATIONS OR WARRANTIES THAT zuludesk.com OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF zuludesk.com OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF zuludesk.com ,
OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND 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 SUCH MATERIAL AND/OR DATA AND OR USE. YOU UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ALL FRIENDS OR CONSUMERS ARE AVAILABLE.
zuludesk.com DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET OR THE SERVICES OF A CONSUMER OF zuludesk.com zuludesk.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH zuludesk.com OR ANY TRANSACTION ENTERED INTO THROUGH zuludesk.com AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.
SITE OWNERSHIP MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON.
SOME OR MANY JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. zuludesk.com TAKES NO RESPONSABLITY WHATSOEVER AND IS TO BE HELD HARMLESS FOR ALL CLAIMS MADE. zuludesk.com INCLUDES ITS, OWNERS, AGENTS, REPRESENTATIVES, EMPLOYEES, ASSIGNEES, OFFICERS, PRESIDENT, VICE PRESIDENT, CORPORATE OFFICERS, GENERAL WORK FORCE.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE zuludesk.com WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY.
X. Limitation of Liability
IN NO EVENT SHALL zuludesk.com (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE zuludesk.com OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XI. Indemnity, users of the teachers APP, IT Department tool, specifically
You agree to defend, indemnify, and hold harmless zuludesk.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, hosts and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use zuludesk.com or any of the Materials contained therein, or your breach of any of these Terms and Conditions. zuludesk.com shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to zuludesk.com are owned and operated by third parties. Because zuludesk.com has no control over such websites and resources, you acknowledge and agree that zuludesk.com is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
Users access them at their own risk. zuludesk.com expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this zuludesk.com.
zuludesk.com expressly disclaims any liability derived from the use and/or viewing of any links that may appear on this SITE. All users do hereby agree to hold zuludesk.com harmless from any and all damages and liability that may result from the use of links that may appear on zuludesk.com. zuludesk.com reserves the right to terminate any link or linking program at anytime without any notification.
zuludesk.com any and all aforementioned names of zuludesk.com are protected marks of zuludesk.com. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. zuludesk.com’s marks, logos, domains, and trademarks may not be used publicly except with express written permission from zuludesk.com , and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits zuludesk.com. zuludesk.com, inclusive, herein, protects its mark by using these symbols: ©®.
XIV. Export Control
You understand and acknowledge that the software elements of the Materials on zuludesk.com may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to the, United States’ or international laws of Netherlands, is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You also agree and understand that the owners of zuludesk.com are located in the Westerbracht 2, 7821 CH, Emmen, The Netherlands, therefore, all applicable laws apply.
You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed.
B. Change of Address
Either party may change the address to which notice is to be sent by written/electronic notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier from the United States of America, including parcel post, (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. This INCLUDES any delivery service from Westerbracht 2, 7821 CH, Emmen, The Netherlands jurisdiction.
Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient’s business hours, or 9:00 a.m. (recipient’s time) the next business day.
Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
XXI. Force Majeure
zuludesk.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay zuludesk.com ‘s performance.
XXII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of Westerbracht 2, 7821 CH, Emmen, The Netherlands, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions.
The parties hereby submit to the personal jurisdiction of Westerbracht 2, 7821 CH, Emmen, The Netherlands. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Westerbracht 2, 7821 CH, Emmen, The Netherlands.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. Each party may email each other and communicate to find a remedy to the problem and or issue, however, the injunctive relief excerpt still applies and each party agrees and understands, this excerpt may change without notice and the teacher/consumer must periodically read the terms and conditions as things are subject to changes, especially in the educational field of online learning.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted, Westerbracht 2, 7821 CH, Emmen, The Netherlands and conducted by a single arbitrator, knowledgeable in Internet and disputes.
The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this
Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal. Attorney fees may or may not include court fee’s if the case is ordered to a court of law, or is agreed upon by both parties.
G. No Waiver
No waiver of zuludesk.com shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of zuludesk.com and the Materials/Products/Services contained therein, and your Member with zuludesk.com, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
zuludesk.com reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit zuludesk.com. Your continued use of zuludesk.com following zuludesk.com’s posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. zuludesk.com does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by zuludesk.com in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. You further agree not to upload to zuludesk.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
L. Other Jurisdictions
zuludesk.com makes no representation that zuludesk.com or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access zuludesk.com from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.
We can and you authorize us to disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. This does not exclude, members.
Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
Following registration, you can review and change the information you submitted during registration through the Consumer Service Menu including: Your password and e-mail address. If you change your password and email we keep track of your old password and email. You can also change your registration information such as: name, address, city, state, zip code, country, phone number, profile, likes and dislikes, desired date profile, essays and saves search criteria.
Some ads appearing on this website are delivered to you by 3rd party advertisers. You may also receive emails from 3rd party advertisers to the email provided in your account and your agreement during registration. Information about your visits to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems.
Cooperate with Government Authorities. zuludesk.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. zuludesk.com may disclose the User’s identity, contact and any other information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and zuludesk.com® shall not be liable for damages or results thereof and User agrees not to bring any action or claim against zuludesk.com for such disclosure.
No Consequential Damages. In no event shall zuludesk.com be liable for any damages including, without limitation: special, direct, indirect, incidental or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not zuludesk.com has been advised of the possibility of such damages, arising out of or in connection with the use of the Site; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User.
Aggregate Liability. Without prejudice to the above and subject to applicable laws, the aggregate liability of zuludesk.com, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf with respect to each User for all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site shall be limited to less than $100.00 U.S.D.; such amount shall be in lieu of all other remedies which User may have against zuludesk.com and shall not preclude the requirement by the User to prove actual damages.
Review Removal. zuludesk.com has the sole and exclusive right to remove or not remove any comment, review good or bad from its website. If you register to become a member of this website you’re herby waiving any rights to any comment, review you make once it is written, however, you will be liable for making libel comments, reviews if in fact they are not truth, exact truth or real time comments. You may not copy and paste a comment or review from any other website. zuludesk.com and its owners are herby waived from any liability whatsoever.
Last Modified, April 6, 2016