TERMS OF USE FOR CONTENT CREATORS

These Terms of Use for Content Creators (“Terms”) govern your (“Creators’”) use of QuoDeck/Amplayfy’s website, apps, and other products and services. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy).

Agreement

You agree that by clicking “Join Now”, “Join QuoDeck/Amplayfy”, “Sign Up” or similar, registering, accessing or using our services (including our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).

This “Agreement” includes this User Agreement, Terms of Use for learners, Acceptable Use Policy, Copyright and Trademark Policy and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features, as may be amended by QuoDeck/Amplayfy from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

Using QuoDeck/Amplayfy

Who may use our Services

You (“Creator”) may use our Services only if you can form a binding contract with QuoDeck/Amplayfy, and only in compliance with these Terms and all applicable laws. When you create your QuoDeck/Amplayfy account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. You must be 13 years of age or above to use or access our Services.

License

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You agree that you will create, access and/or use only one user account, and you will not share with any third party access to or access information for your account.

Your Content

Creating course content

The Services enable you to create and share your content, such as presentations, decks, quizzes, games, courses, and any other projects you create on QuoDeck/Amplayfy, posts you make in forums, and the like (“User Content”), with QuoDeck/Amplayfy and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create/share.

How QuoDeck/Amplayfy and Others May Use User Content

To the extent that you provide User Content, you grant QuoDeck/Amplayfy a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting QuoDeck/Amplayfy the right to authorize business partners to use User Content with their registered users independent of the Services. Nothing in these Terms shall restrict other legal rights QuoDeck/Amplayfy may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Acceptable User Content

You agree to use the Services only to create and deliver subject related material. You agree that by using QuoDeck/Amplayfy, you shall not do any of the following (not limited to): defame, abuse, harass, stalk, threaten, violate the legal rights (such as rights of privacy and publicity) of others and/or hurt sentiments of any religious/ other groups. Further, you also agree that you shall not publish post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. You agree not to upload files that contain software, material or information protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.

User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting, creating or publishing them. You represent and warrant that:

You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorise QuoDeck/Amplayfy and its users to view, use and access your User Content as may be necessary;
Your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
You User Content does not contain any viruses, adware, spyware or other malicious code.

Accessing User Content

Content (Courses, Games, Quizzes, etc.) on QuoDeck/Amplayfy are provided by creator(s) and owner(s) on QuoDeck/Amplayfy and not by QuoDeck/Amplayfy itself. These creator(s) and owner(s) reserve the right to cancel, interrupt, or reschedule any course or to modify any content or parameters of any assignment, quiz, or other assessment created by them. All courses offered by creator(s) and owner(s) are subject to the Disclaimers and Limitation of Liability sections below. In the event of unauthorized access to User Content, QuoDeck/Amplayfy will use reasonable efforts to notify you about the same. QuoDeck/Amplayfy does not take any responsibility and thereby disclaims any and all liability with respect to any content or action related to courses hosted by creator(s) and owner(s) on QuoDeck/Amplayfy.

No Academic Credentials

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit, and QuoDeck/Amplayfy bears no responsibility towards satisfaction of said credit. QuoDeck/Amplayfy, course owner(s), course creator(s), and associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organisation.

Security

QuoDeck/Amplayfy cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately or any compromise or unauthorized use of your account by emailingsupport@quodeck.com.

Education Research

QuoDeck/Amplayfy is committed to advancing the science of learning and teaching, and records of your creation of content may be used for education research. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services

QuoDeck/Amplayfy offers paid Services (e.g. Pro License) for a fee. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and QuoDeck/Amplayfy reserves the right to change any fees at any time at its sole discretion. Any change, update or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as per Refund policy.

Modifying and terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, QuoDeck/Amplayfy may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of QuoDeck/Amplayfy, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (“the QuoDeck/Amplayfy Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WUODECKPARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE QUODECK PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE QUODECK PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSSOF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE QUODECK PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL QUODECK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY QUODECK FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE QUODECK PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO QUODECK'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the QuoDeck/Amplayfy Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by QuoDeck/Amplayfy, which is located in Mumbai, India. You agree that any dispute related to these Terms will be governed by the laws of India, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving Mumbai, India as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or QuoDeck/Amplayfy may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and QuoDeck/Amplayfy. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Participating Institutions

QuoDeck/Amplayfy's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Effective as of January 1st 2021.