TERMS OF SERVICE Last Updated: December 7, 2020 1. Your Acceptance
Welcome to the Terms of Service for EduDo, a mobile learning platform allows its users to create and watch short user-generated interactive video.
This Terms of Service is a legally binding agreement (the "Terms") between EduDo, Inc., a Delaware company and its affiliates (collectively, "EduDo"), the owner and operator of the website: https://edudo.app/
and the web and mobile based application, "EduDo" (the "Platform") and you ("you" or "your" or "user(s)"), a user of the Platform. These Terms is legally binding and governs your use of our Platform.
Throughout this document, the words "EduDo," "us," "we," and "our," refer to our company, EduDo Inc. and the Platform, as is appropriate in the context of the use of the words.
You can use parts of the Platform, such as browsing and searching for Content, without having an account. However, you need an EduDo Account to use some features. You may only create an EduDo Account if you are at least 18 years of age.
During registration we require that you to provide us with your name, e-mail address, physical address, date of birth and/or social security number or social media credential, currently includes Facebook, Google, Snapchat and Apple (collectively, "Account Information"). We may also require additional information from you as necessary to verify your identity. If we cannot verify your identity, we can refuse to allow you to use the Platform. You agree and understand that you are responsible for maintaining the confidentiality of your password and your login ID, which allow you access to the Platform. By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communication may be posted on the Platform and/or delivered to your e-mail address we have on file for you. It is your sole responsibility to promptly update your information. You consent to receive communications electronically from EduDo until the termination of your account with us.
If you become aware of any unauthorized use of your account, you agree to immediately notify us at: email@example.com
We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any EduDo usernames and other unique login IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them. 3. Posting Content
You can create or upload content on the Platform, which may include videos, audios, graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether such content is created by you, EduDo or a third-party (collectively, "Content").
You represent and warrant that any material you post to the Platform does not infringe another party's intellectual property rights or any applicable national or local law that may apply regarding the posting of material. You also agree that any Content you post will not infringe on any third party right -- including copyright, trademark, patent, right of publicity or other intellectual property right, and will not slander, defame, libel or invade the right of privacy or publicity of any other person. If you submit any Content to the Platform (translations, questions, comments or otherwise) you understand and agree that it may be used by EduDo for any reason throughout the world without requirement or consent, and that EduDo may edit your Content as long as the meaning is preserved. You agree that you provide a license for EduDo to use your Content worldwide, non-exclusive, royalty free and perpetual, non-revocable license for EduDo to use in whatever way EduDo deems appropriate throughout the world in whole or in part, in any media platforms available now or developed in the future. If you post material or misuse the Platform in a way that infringes on another party's intellectual property rights, or these policies, you understand that we may remove the posting and that you agree to indemnify EduDo based on the indemnification provided below. 4. Your Use of the Platform
You are responsible for your use of EduDo, and for any use of EduDo made using your username and account. Your right to use and access the Platform is personal to you and is not transferable to any other person or entity. You acknowledge that in order for the Platform to function properly, you must keep your Account Information up to date.
You agree that you may not use the Platform for any purpose that is unlawful or prohibited by these Terms, specifically you agree not to:
1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Use the Platform to "stalk" or otherwise harass or harm another;
3. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
6. Upload, post, email, transmit or otherwise make available any material 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;
7. You may not use the Platform in any manner that could damage, disable, overburden, or impair any EduDo server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Platform or interfere with any other party's use and enjoyment of the Platform;
8. You may not attempt to gain unauthorized access to the Platform, other accounts, computer systems or networks connected to any EduDo server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform; or
9. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 213 of the Immigration and Nationality Act.
The Platform and its features and functionality, including any original content (excluding your Content) made available from, uploaded to, or otherwise transmitted on or through the Platform are and will remain our exclusive property. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent, which may be withheld or denied in our sole discretion. 6. DMCA Notice.
EduDo respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf
. As part of our response, we may remove or disable access to material, links or references residing on our Platform that is claimed to be infringing.
EduDo does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving a DMCA Notice of Infringement, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with EduDo' rights and obligations under the DMCA and, in particular, 17 U.S.C. §512(c), and do not constitute legal advice. EduDo Repeat Infringer Policy
It is EduDo policy to provide for the termination, in appropriate circumstances, of EduDo's users, customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property. 7. Disclaimer of Warranties.
All Content is made available AS IS and EduDo does not offer any warranty of any kind, or represent that the Content will be accurate, complete, or error-free. EduDo is not liable for the usage of, implementation of, impact from, or communication of the ideas presented in any Content.
We are not liable for any failure of the Platform, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. for example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." you hereby waive this section of the California civil code. you hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. 8. Limitations on Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EDUDO, ITS AFFILIATES aND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE THE PLATFORM AND/OR CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. 9. Indemnity
You agree to defend, indemnify and hold harmless EduDo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 1. your use of and access to the Platform; 2. your violation of any term of these Terms; or 3. your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of our Platform.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial. 10.Third-Party Platform
Our Platform may contain links to third-party platforms or websites (each, a "Third-Party Platform"), and you may be able to share your publications on the Third-Party Platform through our Platform. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Platform or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Platform. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Platform. 11. COPPA Compliance
EduDo and its Platform may only be used by persons 13 years and older. EduDo in no way targets children under the age of 13. If you are under 13 please stop using our site immediately and do not submit any information to us. 12. Choice of Law
This Terms shall be governed by the laws in force in Delaware. The offer and acceptance of this contract is deemed to have occurred in Delaware. 13. Arbitration
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to firstname.lastname@example.org
. EduDo will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with EduDo or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in San Francisco County, California to enforce these Terms or prevent an infringement of a third party's rights or our intellectual property rights, as stated in subsection 13.9 below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions. 13.2 Commencing Arbitration.
You and EduDo agree to commence any arbitration proceeding within 1 year after the claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred. 13.3 Arbitration Location.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in San Francisco County, California unless EduDo otherwise agrees to arbitrate in another forum requested by you. 13.4 Organization, Rules, and the Arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. 13.6 Governing Law and Award.
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 13.7 Enforceability.
This provision survives termination of your account or relationship with EduDo, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. 13.8 Miscellaneous.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and EduDo and shall not be modified except in writing by EduDo. 13.9 Exceptions.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and EduDo both retain the right to pursue, in small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court's jurisdiction. EduDo will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the State of California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by EduDo for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection 13.9 in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection 13.9, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco County, California, and forever waive any challenge to said courts' jurisdiction and venue. 13.10 Amendments.
EduDo reserves the right to amend this arbitration provision at any time. Your continued use of the Platform, purchase of any product or services on or through the Platform, or use or attempted use of a EduDo product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, EduDo will provide you notice and an opportunity to opt-out. Your continued use of the Platform, purchase or use of any products or services on or through the Platform, or use or attempted use of an EduDo product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT YO@EDUDO.APP
. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. 15. Severability
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, EduDo shall have the sole right to elect which provision remains in force. 16. Non-Waiver
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. 17. Our Termination and Cancellation Rights
We may terminate or suspend the Platform or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your EduDo account, you are solely responsible for properly canceling your account. Cancellation may result in the immediate deletion of any Content that you have submitted to EduDo. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 18. Assignment
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion. 19. Amendments
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms. 20. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about EduDo must be addressed to our agent for notice and sent via certified mail to: EduDo Inc., 541 Jefferson Ave, Ste 100, Redwood City, CA 94063