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Vizzle's End User License Agreement

VIZZLE¬© TERMS OF USE Welcome to "Vizzle¬©," an internet-based service consisting of digital visual and audio content, visual support templates and other tools enabling the development and archiving of visual supports, and a library of pre-assembled visual supports for use in communication with and education of individuals with language and learning impairments (the "Service"). Your access to and use of the Vizzle¬© website and the Service are subject to the following terms of use (the "Terms of Use"), and you agree to be bound by the Terms of Use by using the Service. In consideration of your agreement to comply with these Terms of Use, you will have the right to use the Service, subject to the terms and conditions set forth below, as long as you are a qualified user (a "User") under a Monarch Teaching Technologies Vizzle¬© Group User Purchase Order/Agreement (a "Group User Agreement") or a Monarch Teaching Technologies Vizzle¬© Individual User Purchase Order/Agreement (an "Individual User Agreement"). You will be permitted to use the Service only during the effective term of such Group User Agreement or Individual User Agreement (the "Term"), after which time, should you elect to continue using the Service, you will need to enter into, or be named as a User under, an effective user agreement with MTT governing such use. Provided that you accept these Terms of Use, you are permitted to use the Service during the Term. These Terms of Use describe how you may use the Service and define certain restrictions on its use. MTT reserves all rights not expressly granted to you pursuant to these Terms of Use. Vizzle¬© Copyrights and Trademarks The Vizzle¬© software program and other tools provided to you through the Service (collectively as the same may be supplemented, modified, updated or enhanced from time to time, the "Applications"), and the Service itself are each protected by copyright and other intellectual property laws and treaties. MTT owns the title, copyright, and other intellectual property rights in the Applications and the Service. The Applications and the Service are being made available to you to use, but are not being sold to you, and by using the Service, you are acquiring no ownership rights in the Service or any Application. All of the trademarks, logos, and service marks appearing on the Vizzle¬© website (the "Trademarks") are the registered and unregistered trademarks of MTT and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. You will not be able to use the Service unless you have a password for the Service, which is managed by MTT. MTT may elect to revoke your password and your access to the Service at any time without any liability to you if MTT in its sole discretion determines that such access is unauthorized or inappropriate, violates the Terms of Use or would be otherwise harmful to the interests of MTT or any other user of the Service. You may not make or attempt to make any copies of any Application or any part thereof, including related documentation, for any reason, except as expressly provided in these Terms of Use. Any commercial reproduction, sale or redistribution of any Application in any format is expressly prohibited by law and may result in severe civil and criminal penalties. You may not reverse engineer, decompile, or disassemble any Application. A valid email account is necessary to access Vizzle. You agree to provide such an email address at the time of account creation. Vizzle uses your email address as your username, which is used to identify you to Vizzle administrators and other community members. You agree to publication of your email address/username for purposes of identifying your created content, or to enable the administrators or other community members to contact you. Vizzle will not sell or make your email address/username available to non-affiliated parties. You may not use any email address of any community member for any purposes in violation of these Terms of Use. "Rules of the Road" While using the Service or any Application, you may not: 

  • Collect or post information about others without their consent;
  • Impersonate another person or entity, or post, publish, upload, or in any way distribute, transmit or disseminate (collectively "Post") any message anonymously or under a false name;
  • Defame, harass, threaten, stalk, abuse or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
  • Post any obscene, pornographic, profane, or otherwise objectionable information or unlawful information;
  • Post any material that infringes any patent, copyright, trademark, trade secrets ("Intellectual Property") of any party, unless you are the owner of the Intellectual Property or have the permission of the owner to post or transmit such material;
  • Post any corrupted files, files that contain computer viruses or other destructive features, or any other software or programs that may corrupt or damage another party's computer;
  • Engage in any commercial activities, including advertising or offering to sell any goods or services;
  • Post chain letters, pyramid schemes, surveys, contests, charity requests or petitions for signatures; Mass-post, cross-post, or post off-topic messages to any newsgroup, chat room or bulletin board service;
  • Use any image of identifiable individuals or entities for any commercial purpose or in a manner which implies their endorsement of or association with any product, service or entity;
  • Merge or incorporate any materials contained in any Application with any other software program or other product or service;
  • Spam* (see definition below); or
  • Interfere with, restrict or inhibit other users of the Service.

    *For purposes of these Terms of Use, "Spam" is defined as the sending of electronic messages, individually or en masse, to people who did not request it and/or would not otherwise choose to receive it regardless of whether sent by a business, an individual, or a nonprofit. This does not include any email notifications sent periodically by MTT regarding content customers might be interested in. Possible receipt of these messages are agreed to upon consenting to this EULA and may be disable at any time by the customer. MTT may immediately terminate your access to the Service or any Application for violation of any of the rules of user conduct listed above without notification. Making Content You Create Available for Others in the Vizzle¬© Community Vizzle¬© allows Users to share lessons and materials they create with other Users. Lessons and materials that you develop using the Applications will be made available to other Users in the Vizzle¬© community and you will have access to lessons and materials other Users create. In order to permit everyone in the Vizzle¬© community to use what you create using the Applications, you acknowledge and agree that all right, title and interest in and to any lesson, material, images, photos, videos, voice recordings or other content whatsoever developed by you using the Applications (jointly and severally, the "Created Content") will vest in MTT and you hereby assign to MTT for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, all right, title, and interest that you may possess in the Created Content, including, but not limited to, all copyright, patent, and proprietary rights related thereto. MTT will have the right to obtain and to hold in its own name or in the name of other parties all copyrights, patents, registrations or such other protection as may be appropriate respecting the Created Content, and any extensions and renewals of such rights, and you acknowledge that MTT will have the right to allow other Users to use the Created Content. MTT grants back to you a non-exclusive, royalty-free, fully paid license to use the Created Content during the Term solely for non-commercial, educational or pedagogical-related uses (including multiple printed copies of lessons or other Created Content for classroom use and including publication in educational or scholarship-related journals) (jointly and severally, the "Field Of Use"); provided, however, that you will not publish any Created Content in any educational or scholarship-related journals or publications without the prior written permission of MTT, which permission may be granted, withheld, or denied by MTT for any reason. You may not use or exploit any Created Content outside the Field Of Use. If you violate these Terms of Use, your license to use Created Content terminates and you must cease using it for any purpose whatsoever. You acknowledge that MTT, as the owner of all right, title and interest in and to the Created Content, may distribute, market, sell, license, and/or exploit all or any portion of the Created Content in any manner whatsoever, in perpetuity, without any obligation to you. Should you print out and distribute Created Content that was created in any calendar year in connection with public conferences or events within the Field Of Use, then you will affix a title page to such materials that provides the following legend: "¬© [applicable calendar year] Monarch Teaching Technologies. All rights reserved; used by permission." If MTT notifies you that the Created Content you intend to display in any public conference or event contains images or other copyrighted material owned by entities other than MTT, any presentation materials in hard copy or electronic form that contain such images or copyrighted material shall include a copyright notice that the copyright owner owns and retains all rights to those images. Passwords Only persons with authorized passwords may use the Applications or the Service. Therefore, you may not permit a third party to use any Application or the Service using your password. Confidentiality For purposes of these Terms of Use, the term "Confidential Information" will mean information relating to an interactive, educational, visually-based system developed by MTT, including, but not limited to, as embodied in the Applications, and all proprietary and trade secret information of MTT, in oral, graphic, written, electronic or machine readable form. You will hold confidential all Confidential Information and will not disclose or use such Confidential Information without the express written consent of MTT; provided, however, that you may permit other persons at your place of employment to view and experience the Applications or the Service on a demonstration basis. You will not permit any other person to independently create any Created Content, although you may allow a student or child to collaborate with you in the process of creating Created Content. Other Legal Stuff You agree that MTT will have the right to take down and remove any Created Content, including, but not limited to, any Created Content created by you, for any reason or for no reason at all, including, but not limited to, because such Created Content, in MTT's sole opinion, violates the provisions of these Terms of Use or otherwise violates MTT's policies. Only legal adults, i.e., persons at least 18 years of age, are eligible for user names and passwords that will allow them to create Created Content. By clicking the button labeled "I ACCEPT" below, you represent and warrant that you are at least 18 years of age. You agree to use any trademarks in accordance with applicable law and the policies of any respective trademark owner. In posting Created Content that contains a trademarked symbol, word or term, you agree to abide by the trademark usage restrictions placed on the trademark by its owner, including, for example and without limitation, acknowledging ownership of the trademark. If you use a trademarked symbol, word or term to describe how your Created Content relates to a trademarked product or service, for example, you should indicate that your Created Content can be "used with" the trademarked product or service or that your Created Content "complements or works well with" the trademarked product or service, and you should acknowledge ownership of the trademark. You should not incorporate a trademarked symbol, word or term into the name of your Created Content. The Vizzle¬© website may contain links to sites not operated or maintained by MTT. These links are provided solely as a convenience to you and not as an endorsement by MTT of the content of such third-party sites. MTT is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against MTT regarding the inclusion of links to outside sites or your use of those sites. The third-party sites may contain user agreement or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies when you access those sites. MTT reserves the right to terminate any link or linking program at any time. MTT MAKES NO WARRANTIES CONCERNING THE APPLICATIONS OR THE SERVICE. BY ACCEPTING THESE TERMS OF USE, YOU AGREE THAT YOU ARE USING THE SERVICE AND THE APPLICATIONS AT YOUR OWN RISK. IF THERE IS A DISRUPTION OR TERMINATION OF SERVICE FOR ANY REASON, OR ANY LOSS OF CREATED CONTENT OR OTHER INFORMATION, THEN MTT WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU. YOU HEREBY WAIVE ANY AND ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, RELATING TO THE APPLICATIONS, THE SERVICE, ANY RELATED DOCUMENTATION, THE CREATED CONTENT, OR THIS LICENSE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR TITLE AND NONINFRINGEMENT. IN NO EVENT WILL MTT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF USE, LOSS OF REVENUES OR PROFITS, OR LOSSES SUSTAINED BY THIRD PARTIES, EVEN IF MTT HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MTT EMPLOYEES OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. MTT DISCLAIMS AND EXCLUDES ALL OTHER IMPLIED OR EXPRESS WARRANTIES. These Terms of Use set forth the entire understanding between you and MTT relating to your use of the Service. These Terms of Use, and your agreement to comply with these Terms of Use, will be a legal agreement between you and Monarch Teaching Technologies, Inc. and will be construed under and be governed by the laws of the State of Ohio, United States of America, without giving effect to any conflicts of law principles. Any dispute under or relating to these Terms of Use, or your agreement to comply with these Terms of Use, will be litigated in Cuyahoga County, Ohio, United States of America. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of these Terms of Use or your agreement to comply with these Terms of Use, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be awarded. The attorneys' fees may be set by the court in the same action or in a separate action brought for that purpose. If any provision of these Terms of Use are held to be in violation of any law or otherwise unenforceable, these Terms of Use will be deemed modified accordingly in order to comply with such law or to the extent necessary to be enforceable, and will otherwise continue in full force and effect. MTT reserves the right to change the Terms of Use at any time without prior notice, and by using the Service subsequent to any revision to the Terms of Use, you agree to be bound by such changes. Although MTT may attempt to notify you when significant changes are made to these Terms of Use, you should periodically review the most up-to-date version at www.monarchtt.com.