Applicable to all Users
Acceptance of Terms
LMS is to be used to access the education program licensed by or for the assistance of the User(s). International Schooling gives the User the sole, untransferable, limited license to visit, access, view, use, and print the Content, exclusively for the User’s individual personal non-commercial use, corresponding to such education program, provided the User keeps all copyright and other proprietary notices intact. Use of the Content or other materials for any purpose not explicitly permitted in these Terms is proscribed.
Users should not:
- Alter, obscure, or remove the Content in any manner except as advised in writing by International Schooling
- Use LMS in any way that may harm, halt, impair, or overload any International Schooling server or the network (or networks) connected to any International Schooling server, or interfere with the use of LMS by any other party
- Gain or make an effort to gain unauthorized access to any computer systems, accounts, or networks connected to any of the International Schooling servers through password mining, hacking, or any other means
- Gain or attempt to gain any information or materials through any methods not purposely made available through LMS
Use of LMS in any way for the following purposes is strictly prohibited. In making use of LMS, you concur that you will not:
- Send, receive, or show obscene, pornographic, sexually explicit material, or any other material that is harmful to minors
- Impersonate any entity or individual (by using their password or any other means), this includes any representative or employee of International Schooling
- Copy and/or distribute content provided in LMS (this includes WebMail messages, postings on the Message Boards, or study material and answer keys) without the permission of the owner
- Solicit or gather information about the Users and/or members of this site, particularly with the intent of transmitting, or facilitating distribution of, bulk or unsolicited email or other electronic communications
- Use the communication services provided by the school in connection with surveys, schemes, contests, junk e-mail, chain letters, spamming, or any superfluous or duplicative messages (commercial or non-commercial)
- Upload files that include viruses, worms, cancelbots, time bombs, Trojan horses, corrupted files, or other related programs or software that can damage the operation of any property or computer
- Request or gather personal information (this includes name, phone number and address) from any individual below eighteen years of age without confirmed parental consent
- Display offensive or threatening material, this includes usage of swear words, insulting, vulgar, obscene or repugnant language
- Display racist, biased, or discriminatory pictures or messages
- Violate any pertinent laws
- Disclose any other User’s or a minor’s personal information this includes- address, phone number, or related information to others without their approval or parental consent
- Infringe any trademark, copyright, trade secret, patent, or any other intellectual property laws or use intellectual property of any other entity or person without the permission of the owner—this includes sharing links to and including other trademarked or copyrighted material from third parties in LMS (this includes posting in WebMail messages or on the Message Boards) without consent as well as using any service marks, trademarks or their marks on any website or in social media without the permission of the owner
- Intrude in the files, folders or work of other individuals
- Endorse commercial activities except as specified in writing by International Schooling
- Promote products or services or participate in political lobbying
- Harass, defame, mistreat, insult, threaten, stalk, attack, or otherwise violate the legal rights (like publicity and privacy) of another individual or get in the way of another person’s work, including sending of unnecessary e-mails or WebMail messages
Each User would be assigned a User name and password (the “Log-in Information”) for accessing the LMS and the Content. Users are required to keep all Log-in Information strictly confidential, and the Log-in Information should only be used by the assigned User. Users are responsible for maintaining the confidentiality and security of all Log-in Information and for averting access to LMS and/or the Content by any unauthorized individual using the Log-in Information of any other User. Users are accountable for any and every activity that takes place through their account. Users must inform International Schooling instantaneously of any breach of security or unauthorized use of their account. Despite the aforementioned, some employees of International Schooling may be allowed to “log in as” someone else, after seeking approval from their supervisor and undertaking specific training.
The User acknowledges and concurs that some of the information available in LMS is protected by different trademarks, service marks, patents, copyrights, trade secrets, or any other intellectual property rights and laws and should only be used as allowed by law and with the authorization of the owner. Except as explicitly authorized by International Schooling, Users can not sell, rent, license, copy, modify, distribute, transmit, edit, reproduce, adapt, openly display or publish, or create derived works from or otherwise utilize the Content or features in LMS in any medium or form. Users are fully accountable for their individual use and for making sure such use won’t violate the rights of International Schooling or the third parties. Over and above the possible legal action, any unpermitted use including plagiarism or reposting of International Schooling or third party intellectual property can bring about one or more of the following: termination of right to use LMS, school-based disciplinal action, and/or expulsion from the school, program of study or program offering.
Content is owned or controlled by International Schooling or the third party attributed as the Content provider, and its contents should not be copied, circulated, reproduced or customized in any way without the explicit written consent of International Schooling. If you have any copyright concerns about the material posted on LMS by anyone, please inform us. You can send a written notice (“Notice”) by getting in touch with our Designated Agent at [email protected]
To be helpful, the Notice must comprise of the following:
- A signature of the owner (physical or electronic), or any individual approved to act on behalf of the owner (“Complaining Party”)
- Details of the material that is supposedly being infringed on
- Reasonably sufficient information to authorize International Schooling to contact the Complaining Party, like – address, phone number, and an electronic mail address, if available
- Identification of the supposedly infringed material on LMS (“Infringing Material”), and reasonably sufficient information to authorize International Schooling to find the material on LMS
- Identification of the copyrighted material that is allegedly been infringed upon (“Infringed Material”), or if several copyrighted works on LMS are mentioned in a single Notice, a list of each copyrighted work that is allegedly been infringed upon (please mention in detail that which Infringing Material is supposed to be infringing on which Infringed Material);
- A declaration that the Complaining Party has a reason to believe that use of Infringing Material in the way complained of is not approved by the law, the copyright owner or its agent
- A declaration that the information provided in the Notice is correct, and that the Complaining Party is the owner or is allowed to act on the owner’s behalf of the material that is allegedly infringed, under penalty of perjury
LMS may include links to other websites or resources that are provided for convenience of the Users. Unless stated otherwise, these linked sites are not under the control of International Schooling and International Schooling is not accountable for the content available on third party linked sites. International Schooling makes no warranties, representations, or any other commitments about any third party websites or third party resources that might be accessible from, referenced to, or linked to LMS. A link to a website does not mean that International Schooling endorses the content on that website, the owner of the website or use of such websites. Additionally, International Schooling is not a privy to or responsible for any dealings of the User may get into with third parties, even though the User learns about such parties (or finds a link to such parties) through LMS. As a result, the User acknowledges and agrees that International Schooling is not accountable for the availability of such external resources or websites, except where explicitly contracted for, and is not accountable or liable for any content, products, services, or other materials available on or from those resources or websites.
International Schooling controls and operates LMS from its regional office in the United States and makes no declaration that the Content is available or suitable for use in other locations. If LMS is used from other locations, you are accountable for compliance with pertinent laws.
Warranty and Other Disclaimers
International Schooling is determined to ensuring the accuracy of all the information provided through and in LMS, conditional on the following limitations:
- International Schooling would use rational efforts to keep the information up to date and to ensure the completeness or accuracy of material available through LMS. However, materials available through LMS cannot be guaranteed or promised to be current, correct, or complete, and could include typographical errors or inaccuracies
- The User accepts that International Schooling is not responsible for the conduct of any party using LMS or for any offensive, derogatory, infringing, or illegal materials displayed on LMS or in any Communication Service and International Schooling reserves the right to fix any errors or correct any omissions and remove any materials from LMS at its own discretion and without accountability of any kind
Disclaimer of Warranty
Use of LMS or any communication service is at the sole risk of the User. All information, materials, software, programs, products and services are provided “as is,” with no guarantees or warranties whatsoever. International Schooling explicitly disclaims to the fullest extent permitted by law all implied, statutory, express, and other guarantees, warranties, or representations, including, without constraint, the warranties of fitness for a specific purpose, merchant ability and non-infringement of intellectual property and proprietary rights. Without limitation, International Schooling makes no guarantees or warranties that LMS will be secure, timely, error-free or uninterrupted. The User acknowledges and agrees that if the User downloads or otherwise acquires information, materials, software, programs, products or services, the User does so at his or her own risk and discretion and that User would be solely responsible for any damages that might ensue, including damage to the computer system of the User or loss of data. Some jurisdictions may not permit the exclusion of warranties; as a result, the above exclusions will not apply to the User.
Limitation of Liability
On no account will International Schooling be accountable for any direct, indirect, incidental, punitive, special, or consequential damages that ensue from the use of or failure to make use of LMS or any other communication service. This limitation applies whether the alleged liability is founded on contract, negligence, strict liability, tort, or any other grounds, even if International Schooling has been notified of the likelihood of such damage. Since some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, International Schooling’s liability in such jurisdictions might be limited to the extent permitted by law.
The User hereby releases and perpetually discharges International Schooling, its affiliated schools, employees, officers, directors, contractors, agents, successors, and assigns (“released parties”), from all causes of actions, claims, damages, injuries, costs, or expenses of any type growing out of or related to the User or minor child(ren) of the User‘s use of LMS or any communication service. The User acknowledges that this is a complete and full release to the maximum extent allowed by law of all claims and damages to which the User or minor child(ren) of the User may have as a result of his or her use of LMS irrespective of the exact cause thereof.
Upon request by International Schooling, the User concurs to protect, indemnify, and hold harmless International Schooling and its affiliated schools, contractors, employees, officers, directors, licensors and third-party content providers from all claims, liabilities and expenses, including attorney’s fees, which may arise from the User’s use or misuse of LMS, Content, or other Communication Services. International Schooling has the right, at its own expense, to presume the exclusive defence and control of any issue otherwise dependent on indemnification by the User, in which case the User would collaborate with International Schooling in asserting any available defences.
Severability and Integration
With the exception of other agreements signed by the User with International Schooling, these Terms comprise of the entire agreement between International Schooling and the User with regard to use of LMS. If any portion of these Terms is held unenforceable or invalid, that part should be construed in a manner compatible with applicable law to reflect, as much as possible, the original goals of the parties and the remaining portions should remain in full force and effect.
Termination of Use
If the User infringes these Terms, the User may be banned from any future use of LMS and/or may be subjected to legal action. Grounds for such termination, suspension and/or deletion should include, but not be limited to:
- Violations or breaches of the Terms, or of other guidelines or agreements included therein
- Requests by government agencies or law enforcement
- A request by USER (self-initiated account deletion)
- Material modification or discontinuance of LMS (or any component thereof)
- Unanticipated security or technical problems or issues
- Inactivity for an extended period of time
- Engagement in illegal or fraudulent activities by the User. Termination of User account may include:
- Access removal to all LMS offerings
- Deletion of User account, password and related information, like content and files linked with or found inside the account (or any part thereof)
- Forbidding any further use of LMS
In addition to that, you concur that all terminations for cause will be made at the sole discretion of International Schooling and will not be accountable to you or any third party for the termination of access to LMS or that of your account.
Additional terms applicable only to the International Schooling Community of Schools, including all Nexus Schools
Message Boards, and Other Communication Services
International Schooling offers an internal messaging system, through LMS, as a service to some Users in relation with those education programs that provide for messaging service. Messaging allows such Users to network with other such Users. International Schooling cannot assure the security of any information that such Users reveal through this messaging system, and the Users do so at their own discretion. Sent messages of this messaging system are only available to the author and recipients, as well as to other authorized personnel for ensuring and maintaining system integrity and also to make sure that Users are acting legally and responsibly as suggested by these Terms. Also, the messaging system can not be assured to be private and might be monitored. Messages pertaining to or in support of obscene or illegal activities or those that otherwise violate the Terms might be informed to the concerned authorities and can result in the loss of User privileges, exclusion from the User’s respective education programs, and/or legal action.
This messaging system found within LMS helps in smooth exchange of information, ideas and opinions between those Users whose respective education program offers access to it. These Users might only use the messaging system for structured activities, clubs or other educational uses as advised by the school department and as mentioned on the messaging system. It include contributions that only represent the views of their respective authors and not of International Schooling. Use of the messaging system is subject to the rules governing it’s usage which is provided when a User accesses it (see also the Links section above).
Other than the messaging system, International Schooling may now and again offer chat areas and/or other communication or message functionality designed to enable Users to correspond with others (each a “Communication Service” and jointly “Communication Services”). The User concurs to use Communication Services only in agreement with these Terms and as mentioned on each Communication Service to send, receive and post messages and materials that are appropriate and, when pertinent, related to the specific Communication Service.
Any information that the User may provide to be posted to the messaging system or any other Communication Service would be disclosed and made available to all Users of that Communication Service and as a result, is not private any longer. We cannot ensure the security of such information that you share or disclose online in public areas, and you do so at your sole discretion. International Schooling does not endorse or control the messages, information or content found in any Communication Service; thus, International Schooling explicitly disclaims any accountability pertaining to the Communication Services and any actions ensuing from a User’s involvement in any Communication Services. All participants accept that any dependence upon such content will be at the own risk of the individual so relying.
Although International Schooling has no responsibility to do so, International Schooling reserves the right:
- To supervise anything posted to the messaging system or any other Communication Services
- To remove anything which is considered offensive by International Schooling or otherwise is in violation of these Terms or for any other reason as International Schooling considers necessary in its absolute and own discretion
At all times, International Schooling reserves the right to disclose any information as International Schooling deems required for any applicable law, disciplinary investigation, legal process, regulation, or governmental request, or to amend, decline to post, or to remove any information or material, completely or in part, at International Schooling’s own discretion.
Use of School Work, Interviews, Videos, and Photographs
Users might have the opportunity to offer material for inclusion in LMS. Such material might comprise of submission of work samples; writing messages; postings on the messaging system; involvement in clubs; submissions for newspapers, newsletters and yearbooks in text or other formats; etc. Users concur that they own and/or control all of the rights to the material they post and share and that the public use of this material would not infringe on or violate the rights of International Schooling or any third party.
For Users registered in schools that are managed by International Schooling, only, by providing this information, Users within the International Schooling community of schools provide to International Schooling and to their affiliated schools, an authorization to use, display, edit, adapt, modify, publish, reproduce, perform, create derived works of, share, and endorse the material in any form, anywhere, and for any reason in perpetuity.