This Agreement is between Elernity Limited (hereinafter referred to as "Elernity") and you (a natural person, legal entity, or a parent or guardian of a child user under the age of 13). This Agreement contains terms relating to the rights and obligations of any websites developed by or relevant to Elernity that can be logged in by using Elernity account (including but not limited to any websites and subsites of Elernity and its products) and any other websites and products (hereinafter referred to as "Elernity applications") that may be launched later, including any specific terms and conditions relating to the services provided by Elernity and the use of such services by you and/or your child. The terms of this Agreement that have or may have a material relationship with you and/or your child are highlighted in bold or bold with underlines to catch your attention. Please read all the terms and conditions hereunder before registering your account or using Elernity services (including Edmodo Classroom on PC, Android, iOS and other platforms).
Elernity reserves the right to update this Agreement from time to time. General changes of this Agreement will be published on the official website of Elernity. Therefore, we encourage you to check the user agreement that includes "date last updated" on our website. The revised agreement will come into effect upon its first publication on the website.
Where major changes are made to this Agreement, we may request your consent through reasonable channels (e.g. an email notification), or we may provide you with the latest version of this Agreement to request your consent the next time you use our products or services.
2.1 Elernity is the intellectual property owner of its applications. Any copyrights, trademarks, and patent rights, trade secrets, and other intellectual property rights, as well as all the content relating to Elernity applications (including but not limited to texts, images, audios, videos, charts, interfaces and layout designs, relevant data or electronic documents, etc.) are protected by the local laws and regulations and corresponding international treaties, and belong to Elernity, except for the rights that the relevant obliges shall enjoy in accordance with the laws and regulations.
2.2 Without Elernity's written consent or permit, you and/or your child (under the age of 13 or 14, or between the age of 13 or 14 and 18) shall not copy, download or permit any third party to implement, utilize, or transfer the above intellectual property rights.
2.3 You and/or your child may not delete, restrict or modify any copyright, patent, trademark or other intellectual property statement relating to Elernity applications.
2.4 No intellectual property rights or rights of portrait associated with the content uploaded or published by you and/or your child via Elernity applications and services will be transferred by uploading or publishing such content. However, you acknowledge and agree that, to the extent permitted by laws, Elernity is granted to use the non-confidential content published by you or your child (such as content uploaded or published on Edmodo Classroom) for providing users with particular functions, including but not limited to storage, displaying to relevant users, granting and allowing other use.
2.5 Other users or third parties are the intellectual property owners of the content they published on Elernity applications. Without authorization by other users or third parties, you and/or your child will not obtain the intellectual property rights by downloading such content.
2.6 If you and/or your child infringes upon the intellectual property rights of Elernity or other users or third parties during the use of Elernity applications, Elernity will impose certain restrictions on you and/or your child's access to Elernity services, including but not limited to suspending services to you and/or your child and pursuing legal liability. You may also be held liable for civil or criminal infringement upon the holder of the infringed intellectual property rights.
3.1 With this Agreement, Elernity grants you and/or your child an individual, non-transferable, non-sublicense, and non-exclusive license regarding its applications. You and/or your child can download, install, log in, and use Elernity applications only for purposes that can be achieved by using Elernity applications.
3.2 Restrictions on reverse engineering, reverse assembly and reverse compiling: You and/or your child may not conduct reverse engineering, reverse assembly and reverse compiling on any internal documents of Elernity applications except as permitted by law or by Elernity's written permission.
3.3 Module detachment: Any Elernity application developed by Elernity is licensed as a single product. You may not detach its modules for any purpose.
3.4 Reserved rights: Elernity reserves all other rights not expressly authorized here. You and/or your child may only use these rights with the prior written consent of Elernity.
4.1 Elernity is aimed at [providing you with better services in entertainment, teaching, or consumption, etc.], and serves primarily for children under age 13 or 14, K-12 students, and educators.
4.2 Elernity provides relevant support and services to its products.
4.3 Modification and update: Elernity reserves the right to update and modify the application, and will not force updates upon release of a new version. You and/or your child may follow the update prompts to update to the latest version. Elernity does not guarantee that the old version of the application and its corresponding services and features will continue to be available. It is recommended that you and/or your child check the version and download the updates in a timely manner.
4.4 Uninstallation: If you and/or your child no longer needs to use Elernity application or needs to update to the latest version, you can uninstall the unwanted one.
4.6 When using Elernity applications, you and/or your child shall strictly abide by the laws and regulations or policies in your country of residence, including but not limited to provisions relating to copyright and other intellectual property rights and the restricted use on Elernity applications as agreed in this Agreement. You and/or your child may not perform the following operations, including but not limited to:
5.1 You agree to authorize Elernity to collect your and/or your child's personal information necessary for the purpose of providing services to you and/or your child.
5.2 Elernity respects and protects the privacy of you and/or your child. Elernity will not collect, use and disclose personal information about you and/or your child in violation of the laws and regulations or without your consent or authorization. We will not use your child's information to create user persona, track, and conduct other targeted advertising and marketing activities.
5.3 Elernity will take reasonable and necessary technical measures to encrypt and protect your and/or your child's personal information collected and stored by Elernity for the purpose of providing services in accordance with the laws and regulations.
6.1 As user(s) of Elernity applications, you and/or your child acknowledges that this application is provided "as is" without any express or implied warranty, and to the maximum extent permitted by applicable laws. Elernity, its affiliates and copyright holders disclaim any and all representations or warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, or that the application will not infringe any patents, copyrights, trademarks or other rights of any third party. There is no priority or warranty from any other party that the features contained in this application will meet your requirements, or that the operation of this application will be compatible, uninterrupted or error free. If you encounter any problems during the use of Elernity applications, you can contact us through [email@example.com] for technical support.
6.2 Individual Action: you hereby acknowledge and agree that you and/or your child shall be liable for your own actions when using Elernity applications and bear the consequences for the content you and/or your child publishes on Elernity applications. Under no circumstances will Elernity be liable in any way for the actions of you and your child unless otherwise stipulated by law.
6.3 Content Publishing and Transfer: Existing and developing Elernity applications such as Edmodo Classroom allow you and/or your child to upload, publish, and remotely transfer images. If you and/or your child uploads, publishes, or transfers content that infringes the intellectual property rights or other rights of any third party, under no circumstances will Elernity be liable for any such actions.
6.4 Content Review: Elernity may review and restrict content that you and your child upload, publish, share, and transfer to protect third party's legitimate rights as well as the physical and mental well-being of minors. Please note that content review is not our liability and you will be held responsible for your actions. Elernity applications will try our best to do content review according to the laws; however, due to technical restrictions, we do not promise any content is review.
6.5 Third Party Acquisition: You shall obtain Elernity applications from its official websites or authorized providers. Elernity is not liable to any losses of damages, malfunction and dysfunction of hardware, and failure to update if you download the applications through unauthorized third party providers.
6.6 User Risks: You are responsible for all hardware risks relating to Elernity applications. Elernity is not obliged to provide you with any warranty. Elernity is not liable for any update failure caused by network, telecommunication, or any other technical issues on your devices.
6.7 If you and/or your child causes any damages to Elernity in violation of this Agreement, Elernity may take proper measures, including but not limited to suspending your right to use Elernity applications, stopping services to you and/or your child, imposing restrictions on your access, and holding you and/or your child accountable.
7.1 You and/or your child agrees to the following terms when using Elernity applications:
7.2 You and/or your child may not use Elernity applications to engage in the following activities:
7.3 The target users of Elernity applications are minors and K-12 students. We are committed to protecting the legitimate rights of third parties and the physical and mental well-being of minors and students. Since users are able to upload, publish, share, and transfer content in some Elernity applications, Elernity shall, in accordance with the law, review and monitor the content you and/or your child upload including the content in My Drive of Edmodo Classroom. If we find the content that you and/or your child uploads violates this Agreement or it is inappropriate for minors, or you and/or your child infringes the intellectual property rights of others or violates the relevant laws and regulations in your country of residence and this Agreement, Elernity may take proper measures that include but are not limited to hiding or deleting the content. If serious violation occurs, we may suspend or terminate services to you and/or your child to reduce the consequences.
8.1 In order to protect the interest of Elernity and its users, and relevant third-parties, you shall be liable for causing damages to Elernity and relevant third-parties due to your and/or your child's illegal actions or violations against any terms in this Agreement. And you shall bear any legal liabilities that include but are not limited to civil, administrative, and criminal liabilities.
8.2 As a technology and platform provider, Elernity is not capable of monitoring all the content and therefore shall not bear any legal liabilities caused by the uploaded content. For any rights infringement caused by the uploaded content, please contact the Customer Service of Elernity.
8.3 You agree that you shall be liable for the compensation of any losses and damages associated with or incurred by your and/or your child's actions. The compensation includes but is not limited to administrative penalty, third-party losses and damages, legal and litigation fees, reputation damages, and other fees.
9.1 This Agreement shall be governed and interpreted pursuant to the laws of the People's Republic of China.
9.2 Any dispute arising from or in connection with this Agreement shall be resolved through amicable negotiation. Should the dispute have not been resolved within one calendar month after the first negotiation attempt, each party shall submit its request for arbitration to the competent arbitration institutions in the Hong Kong Special Administrative Region of the People's Republic of China.
10.1 The in-app advertising and promotion campaigns are delivered by advertising agencies or product and service providers. Elernity is not responsible for any transactions made between you and the product and service providers. Elernity will not deliver advertisements to minors under the age of 13 or create user persona for commercial promotion.
10.2 You will be able to publish content on certain sections in the application or on its websites in accordance with applicable laws. Elernity is not responsible for any content you publish that may contain advertising and promotional information, etc.
11.1 Where any terms in this Agreement become partially or fully null and void or unenforceable for any reasons, the remaining terms in this Agreement shall continue in full force and effect.
11.2 Elernity reserves the right to interpret and change this Agreement. If you have any questions regarding this Agreement, please contact us through:
Office: Units 2001-05&11,20/F., Harbour Centre, 25 Harbour Road, Wan Chai, Hong Kong