Terms of Use
This policy was last modified on August 30th, 2011.
TERMS OF USE
THIS IS A CONTRACT. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE AND PRIVACY POLICY BEFORE ACCESSING THIS WEBSITE. YOU MUST ACCEPT AND AGREE TO ALL OF THE CONVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT; IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS WEBSITE AND ITS RELATED PRODUCTS, SERVICES AND MATERIALS.
These Terms of Use set forth the terms and conditions that apply to your use of www.irisEd.com (the "Website") owned by IRIS Media, Inc., dba IRIS Educational Media (“IRIS”). By using the Website in any way, you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity.
1. Definitions.
“Access” – Displaying any/all landing pages; using and/or viewing the content (including underlying programs); and/or otherwise obtaining information on the Website.
“Account” – A collection of data related to a User and/or Subscriber that is first created upon User requesting either subscription, access, billing, or customized products and services, as well as record-keeping of other User transactions.
“Agreement” – A formal, legal, and binding document, including these Terms and Conditions of Use and Privacy Policy, as well as any subsequent modifications to same.
“Annual Subscription” – This type of membership allows Users access to a bundle of training videos and other media available in the IRIS Training Library based on a full year’s subscription plan.
“Educator” -- A teacher at an accredited K-12 school, college or university; an Educator may also be a Subscriber.
“IRIS Properties” -- The content, programs and services, as well as the underlying design, applications, software, web platforms and “look and feel,” offered in all forms and media through the Website.
“IRIS Training Library” -- The Subscription-based database of audio-visual programs and materials that are available through and part of the Website.
“Monthly Subscription” – This type of membership in the IRIS Training Library allows Users to Access to a bundle of training videos and other media available on a monthly payment schedule.
“Multi-User Subscriber” – A type of membership in the IRIS Training Library which gives the User access to the Website and IRIS Properties through an Organization Administrator; terms and conditions of use for Multi-User Subscribers are in the contract executed by the Organization Administrator.
“Preview Library” -- A select portion of the IRIS Training Library that has been made available for free to Users of the Website and the content of which may change at any time without notice.
“Subscriber” -- Any person or entity who purchases Access to or use of the IRIS Training Library, through any of several Subscription plans as described herein.
“User”-- Any party who accesses the Website, including You.
“Website” -- This term refers to the www.irisEd.com. The Website is maintained on the Internet and includes all content, design, products and services accessible through the Website and owned by IRIS.
“You” -- This refers to the User is reading this Agreement. If You are Accessing the Website as an employee or agent of another, “You” refers to the User and the User’s principal.
2. Your License to Use; IRIS Retention of Ownership in Intellectual Property.
Upon your acceptance of these terms and conditions, IRIS is pleased to grant you a non-exclusive limited license to use the Website and IRIS Properties, solely for personal, non-commercial purposes (commercial purposes shall include but not be limited to using IRIS Properties in connection with marketing merchandise or services and/or in connection with premiums or promotions, charging others for access to IRIS Properties, and/or incorporating use of them in any manner that may be construed as an endorsement, express or implied, of any party, product or service).
Notwithstanding this limited license, you agree that IRIS owns and retains all rights to the Website and IRIS Properties. You further agree that: the content (text, graphics and images), programs and services you access and view as part of the Website are IRIS Properties, and accordingly are each and all owned or controlled by IRIS and IRIS's licensors; that no title thereto shall pass to you hereunder; that each and all are protected by copyright, trademark, and other intellectual property laws; that each and all may be retrieved and used solely for your own personal, noncommercial use and may be downloaded to your own printer and other communications devices only for that purpose.
You further agree that under this limited license, you may not otherwise copy, reproduce, modify, reverse-engineer, disassemble, decompile, store in a retrieval system, retransmit in any form through any means, translate into any language or computer language, or distribute, transmit, republish, remove, alter, display, perform or use any of the content, programs and services, including the proprietary and intellectual property notices within, for any other purposes than allowed herein, without the express written consent of IRIS. In the event you receive written, permission to use IRIS’ intellectual property, you agree to keep intact all proprietary and copyright and trademark notices and symbols; to follow IRIS Style Sheet (for company and website naming protocol) and Brand Development Guidelines (for use in all media and formats IRIS’ logo depiction, color, design, font, “look and feel” of design elements), available upon written request; and to include proper attribution for all IRIS’ content, programs and services (including but not limited to video clips, stills, images and lesson plans) you use in any IRIS-licensed and/or “approved” work you create.
You may not build a business utilizing the content, Website and IRIS Properties, whether or not for-profit, without express written consent from IRIS. Each Multi-User Subscriber (a user of IRIS Properties managed by an Organization Administrator) may only allow its employees, agents and customers to access the content, programs and services through the Website according to the Multi-User Subscriber license (under separate cover); if the Multi-User Subscriber license terminates or has its license terminated by IRIS, then its employees, agents and customers shall no longer be licensed to use said content, programs and services.
If you submit any unsolicited intellectual property, copyrightable material, invention, discovery, improvement, trade secret or know-how to this Website, you may forfeit your intellectual property rights and moral rights contained in such material.
3. Links to Third Party Websites; Links to this Website.
IRIS may provide hyperlinks to third-party websites as a convenience to users of the Website. IRIS may post, alter or remove third-party links at any time. IRIS does not control third-party websites and is not responsible for the contents of any linked-to third-party websites or any hyperlink in a linked-to site. IRIS does not endorse, recommend or approve any third-party website hyperlinked from the Website. When you click on a link within the Website, a new tab or window will open. You will then be subject to the terms and conditions (including privacy policies) of the linked website or destination. In some cases, it may be less obvious than others that you have left the Website and reached another website or destination. IRIS will have no liability to any person or entity for the content or use of the content available through such hyperlink. Should you wish to create links to this Website, you must do so in a manner that does not imply any affiliation with or endorsement by IRIS for your enterprise or website. IRIS does not engage in reciprocal linking arrangements. This Website is not archival; links may change and material may be removed without warning. IRIS strongly encourages archival or permanent links to this Website home page, or a program’s parent page, only. Deep links may bypass critical instructions and notices to customers and Users like you.
4. Changes to These Terms of Use.
IRIS reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. The date of each revision will appear at the top left before the Terms of Use and Privacy Policy heading. Any questions relating to the Terms of Use may be submitted by contacting IRIS through customer support.
5. Violation of These Terms of Use.
If IRIS determines in its sole discretion that you are violating any of these Terms of Use, we may: (i) notify you, and (ii) use technical measures to block or restrict your access or use of this Website and/or other IRIS Properties. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the subject IRIS properties, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We reserve the right to immediately terminate or restrict your account or your use of this Website and/or other IRIS Properties at any time, without notice or liability, if IRIS determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of this Website and other IRIS Properties if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the IRIS servers being made or the volume of user material being posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
6. Responsibilities of Users of this Website and other IRIS Properties.
You agree that all content you post to our Website, including text, links, photos and videos, shall follow the guidelines below. To help create a positive educational and learning environment, be sure to check periodically for updates to these guidelines as our learning community expands.
Do:
•Remember you are disclosing to all other Website and IRIS Properties’ users the information you post. Do not disclose protected personal identifiable information (see Privacy Policy, above).
•Respect others' opinions — if necessary, agree to disagree.
•Behave ethically.
•Use good judgment — stay in good taste when discussing sensitive topics.
•Be fair and informative — include both the pluses and minuses.
•Avoid strong or vulgar language or crude references.
Do Not:
•Harass, verbally attack or threaten others.
•Pretend to be someone you are not or claim false credentials.
•Post or link to content that is obscene or otherwise objectionable.
•Use the community for commercial or advertising purposes.
•Post content that isn’t yours — whether copyrighted, trademarked, proprietary, marked confidential, or known to be someone's personal information and/or material.
•Believe everything you read — postings may be inaccurate or inappropriate for you and should not be taken as medical advice.
•Use the IRIS Website and/or other IRIS Properties to harvest information about other users for the purpose of sending, or to facilitate or encourage the sending, of unsolicited bulk or other communications, including spam and unsolicited email.
•Engage in, link to, promote or encourage in any way any illegal activities or content.
•Use technology o r other means to access, index, frame or link to this Website and other IRIS Properties that is not authorized, including removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of this Website and other IRIS Properties.
•Introduce any viruses, computer code, files or programs, or damage in any other manner or way, that interrupts, destroys, limits functionality, disables, overburdens, impairs or otherwise gains unauthorized access that causes harm to this Website, IRIS Properties (including but not limited to hardware, software, equipment and network).
•Interfere with the use and/or enjoyment of others’ use of this Website and other IRIS Properties.
•Attempt to do any of the above.
IRIS does not monitor or edit content, but IRIS retains the right to remove any content that IRIS deems inappropriate or discovers to be illegal. Violations of the above User Responsibility guidelines could lead to the suspension or deactivation of your IRIS account and all content associated with it.
You may see things in a Discussion area that you did not want to encounter. You can ignore them, but we prefer you report it by using our flagging system. Flagging tells IRIS that a comment is inappropriate. You can find the flagging option by pointing the mouse over the comment and clicking the “flag” link.
7. Subscription Plans, Billing and Refunds.
While some select content is available for free on the Website, access to all programs and materials is gained through paid subscription. IRIS has several subscription plans. The terms of use for Multi-User Subscribers are contained in the Agreement between IRIS and the Organization Administrator. The following are terms and conditions for other Subscribers:
Monthly Subscribers:
•Access to a bundle of video programs and materials for a full month.
•Automatically renews monthly on the same date until cancelled by the Subscriber.
•Fees are charged on each renewal date.
•Subscription fees are non-refundable; except that Subscriber may cancel, in writing, a Monthly Subscription within the period from 30 days prior to the next month’s subscription renewal date up through three (3) calendar days after that date.
•Discounts, rebates or other special offers are only valid for their initial stated term; Subscriptions renew at the then-current Subscription rate.
•IRIS may increase Subscription fees for a subsequent Subscription period at any time and for any purpose, provided however, that IRIS will provide notice at least thirty (30) calendar days prior to the expiration of the Subscription.
•IRIS may terminate the Subscription and these Terms of Use if unable to renew the Subscription based on inaccurate or outdated credit card information.
•Rights to Access the IRIS Training Library are granted solely under these Terms of Use and Privacy Policy, and are effective only upon payment of the Subscription fees.
Yearly Subscribers:
•Access to a bundle of video programs and materials for a full year.
•Renews on the same date of each corresponding year or on the final date of the month if no corresponding date (e.g. February 29).
•Renewals are not automatic; Yearly Subscribers will be contacted thirty (30) days prior to the expected renewal date to confirm Account details, renewal, and payment terms.
•Fees are charged on each renewal date.
•Subscription fees are non-refundable; except that Subscriber may cancel, in writing, a Yearly Subscription within the period from forty (40) days prior to the next year’s subscription renewal date.
•Discounts, rebates or other special offers are only valid for their initial stated term; Subscriptions renew at the then-current Subscription rate.
•IRIS may increase Subscription fees for a subsequent Subscription period at any time and for any purpose, provided however, that IRIS will provide notice at least thirty (30) calendar days prior to the expiration of the Subscription.
•IRIS may terminate the Subscription and these Terms of Use if unable to renew the Subscription based on inaccurate or outdated credit card information.
•Rights to Access the IRIS Training Library are granted solely under these Terms of Use and Privacy Policy, and are effective only upon payment of the Subscription fees.
8. IRIS’ Limited Liability; Disclaimer of Damages; No Warranties.
This Website and other IRIS Properties comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. IRIS and its officers, affiliates, agents and assignees make no representations about the results to be obtained from using the IRIS Website or IRIS Properties. The use of this Website and the other IRIS Properties is at your own risk.
THE IRIS WEBSITE AND THE OTHER IRIS PROPERTIES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IRIS, TO THE FULLEST EXTENT PERMITTED BY EQUITY AND LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IRIS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE IRIS WEBSITE AND OTHER IRIS PROPERTIES.
IN NO EVENT SHALL IRIS OR ITS AFFILIATES, AGENTS OR ASSIGNEES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ) RESULTING FROM THE USE OF OR INABILITY TO USE THE IRIS WEBSITE OR OTHER IRIS PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGALTHEORY OR THEORY OF EQUITY.
IRIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIS PROTECTION COVERS IRIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
IRIS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NON-PERFORMANCE INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTER-EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, “CLOUD” STORAGE SERVICE-PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF IRIS.
IF, NOTWITHSTANDING THE FOREGOING, IRIS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS WEBSITE OR OTHER IRIS PROPERTIES, THE TOTAL LIABILITY OF IRIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS , IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL IRIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.
9. Indemnification
By your use of this Website and other IRIS Properties, you agree to defend, indemnify and hold IRIS, its officers, directors, employees, agents, assigns and partners, harmless from and against any claims, losses, damages, actions or demands, liabilities and settlements including without limitation, reasonable accounting fees, attorneys fees and court costs resulting from, or alleged to result from, your use of this Website and other IRIS Properties, in a manner that violates or is alleged to violate these Terms of Use, and/or federal and state law. IRIS shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suite or proceeding.
10. Jurisdiction
IRIS is based in Eugene, Oregon in the United States of America. You expressly agree that exclusive jurisdiction for any dispute with IRIS, or in any way relating to your use of this Website, resides exclusively in the courts of the State of Oregon and you further agree and expressly consent to the exclusive exercise of personal jurisdiction in the courts of the State of Oregon in connection with any such dispute including any claim involving you and IRIS. These Terms of Use and Privacy Policy are governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. If any provision of these Terms of Use and Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and Privacy Policy, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. Export Controls
Software and the transmission of applicable technical data, if any, in connection with the IRIS Website and other IRIS Properties are subject to export and re-export control laws including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside, including but not limited to NOT: selling, exporting, re-exporting, transferring, diverting or otherwise disposing of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
12. Complete Agreement.
These terms and conditions, along with the Privacy Policy constitute the entire agreement between you and IRIS with respect to the use of the IRIS Website and other IRIS Properties.