Terms and Conditions

Last updated: Jan 2, 2014

Please read these terms carefully before using our services. Use of these products indicates that you accept these terms regardless of whether or not you choose to register with us.

Please note:

EDesignStudios, LLC, will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that theses Terms and Conditions were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and Conditions. You should print a copy of these Terms and Conditions for your reference.

Who We Are

Our address is: Educational Design Studios, LLC, 310 S. ST. Mary's ST. San Antonio, TX 78205. References to "we""our" and "us" are references to EDesignStudios, LLC.

These Terms and Conditions apply to all users of the Service, whether or not such users have registered for the same ("user", "you" or "your"), and by using the Service you expressly understand, acknowledge and agree to comply with these Terms and Conditions. The Privacy Policy, the Additional Terms and the Rules are hereby incorporated into these Terms and Conditions by reference as though fully set forth herein. To the extent that there is a conflict between these Terms and Conditions and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among the Terms and Conditions, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, the Terms and Conditions.

The Service

Subject to the terms and conditions herein, the Service currently provides users with access to various online features, functionality, information, services and resources, which may include educational content.

Members Account, Password And Security

The Internet is not a secure medium. However, EDesignStudios, LLC, will do our best through the Service in accordance with strict data protection standards.

The registration processes on the Service may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify of any unauthorized use of your password or account, and (b) ensure that you exit from your account at the end of each session. EDesignStudios, LLC, cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Conduct

You acknowledge that all information, data (including Registration Data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any Content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in Registration Data and other data concerning your identity being disclosed and having to pay compensation to the person or company aggrieved.

You agree to not use the Service to:

 

  • upload, post, email, PM(personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise discriminatory;
  • impersonate any person or entity, including, but not limited to, a EDesignStudios staff member, reviewer, guide or host, or falsely state or otherwise misrepresent your affiliations with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of the networks connected to the Service;
  • intentionally or unintentionally violate any applicable law or regulation; and/or
  • post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means.

 

Indemnity

You agree to indemnify and hold EDesignStudios, LLC, and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys' fees) incurred in connection with or arising out of (a) your use of the Service, (b) your violation of these Terms and Conditions or ant applicable law or regulation or the rights of any third-parties related to the use of the Content and Service or (c) your Content.

Your Posting Rights

Content uploaded by a user remains the property of that user.

EDesignStudios does not acquire and title or ownership rights in the Content that you submit and/or make available . After you submit, post, email, display, transmit or otherwise make available any such Content, you continue to retain any such rights that you may have in such Content, subject to the rights, licenses and privileges granted herein.

With respect to all Content you post on the Service, you grant EDesignStudios a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You acknowledge that other educators may have submitted Content to us, may have made public or developed, or may originate, submit, make public or develop, material or identical to all or a portion of your Content or concepts contained therein, and you understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Content you or anyone else submits, that is purely coincidental.

Content Objections

If you object to anything on this website, please let us know by emailing the Compliance Office or by sending an appropriately worded email to ---EMAIL HERE--- and we will take whatever action we deem appropriate.

Modification to Service

EDesignStudios, LLC, reserves the right at any time and from time ti time to modify or discontinue, temporally or permanently, the Service (or any part thereof) with or without notice. You agree that EDesignStudios shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

Termination

You agree that EDesignStudios, in its sole discretion and without liability to you or any third-party, may suspend or terminate, with or without notice, the Service or any part of it or and of you passwords within the Service, and may remove and discard and Content within the Service, for any reason, including, without limitation, for lack of use or if EDesignStudios believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not EDesignStudio's only remedy and EDesignStudio may take and other action we reasonably deem appropriate in connection with such a breach.

Use of EDesignStudios Material

All articles, information and other materials contained, presented and/or made available on, through or in connection with our Service are subject to copyright, trade mark right and/or other intellectual property right owned by licensed to EDesignStudios. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of the Service without EDesignStudios' written consent. You acknowledge that, by making use of the Service, you are agreeing to comply with this prohibition and that any branch thereof is likely to result in legal proceedings being issues against you.

EDesignStudios, LLC, Rights

EDesignStudios is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Service (including any Content contained, presented and/or made available on or through the Service and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third-party copyrights, trade marks, service marks, patents or other proprietary rights and laws.

Using our Service

EDesignStudios grants you a personal, non-commercial, non-transferable and non-exclusive right and license to use the Service for their intended purpose subject to your compliance with these Terms and Conditions. This license does not include the right to collect or use information contained on the Service for any purpose not specifically listed in these Terms and Conditions, to compete with EDesignStudios, to create derivative works based on the Content of the Service, or download or copy the Service, including any part of the Website (other than page caching). If you use the Service in a manner that exceeds the scope of this license or you breach these Terms and Conditions, EDesignStudios may revoke the license granted to you.

You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, providing links to, creating derivative works of or otherwise communicating or making available to third parties any part of the Content of the Service without EDesignStudios' prior written consent.

You acknowledge that, by making use of the Service, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Designated Agent. Written notification of claimed infringement must be submitted to the following Designated Agent:

Education Design Studios

310 S. ST. Mary's ST. San Antonio, TX 78205

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Disclaimers

You expressly acknowledge and agree that:

  • Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the content provided on or through the service or that use of the service will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of EDesignStudios for any errors, omissions or inaccurate information on or available through the service.
  • The content on and/or made available through the service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information content of the service does not address your particular circumstances and accordingly you should not rely upon the content of the service as a substitute for proper professional advice.
  • EDesignStudios is not responsible for how the content on or available through the service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on or available through the service.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Confidential Information

You acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of EDesignStudios and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms and Conditions or as required by applicable law.

For the purposes of these Terms and Conditions, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of EDesignStudios, its users and members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade secrets, training materials, personnel, clients, methodologies, Content belonging to others and other intellectual property.

Limitations of Liability

EDesignStudios' liability to you in contract, tort (including negligence) with regard to these terms and conditions, and/or use of any service shall be limited the greater of: (a) $150 and (b) the price paid by you to EDesignStudios under any contract during the 3 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that, to the fullest extent permitted by law, EDesignStudios shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses in connection with or arising from use of the service or from these terms and conditions even if EDesignStudios has been advised of the possibility of such damage.

Nothing in these terms and conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of EDesignStudios

Any cause of action or claim you may have arising out of or relating to these terms and conditions or the service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Events Outside Of Our Control

EDesignStudios will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

EDesignStudios' performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.

Complaints

If you have any complaints about the Service, we want to hear from you so we can improve our service. Please email us on ---EMAIL HERE--- and we'll consider your comments carefully.

General information

These Terms and Conditions (including the Privacy Policy and any Additional Terms, Rules and guides referred to herein) constitute the entire agreement between you and EDesignStudios and govern your use of the Service, superseding any prior agreements between you and EDesignStudios. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our relationship with you is subject to Texas law and the exclusive jurisdiction of the courts located in the State of Texas, County of Bexar.