Last updated: October 26, 2021
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. If the Subscription has been made through an In-app purchase, the Application Stores refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions. More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Devices Help settings. In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly. You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Stores own terms and conditions. If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at contact@redhouse243.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys fees) for misrepresenting that any Content is infringing Your copyright.
You can contact our copyright agent via email at contact@redhouse243.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You havent purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS and AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a Commercial Item as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a partys ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: information@redhouse243.com
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1. AGREEMENT TO TERMS
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and REDHOUSE Virtual Education Inc, located at 701 Commerce Dallas, Texas United States, United States (we, us), concerning your access to and use of the REDHOUSE (scoolzz.io) website as well as any related applications (the Site).
The Site provides the following services: A STREAMLINED CREATION PROCESS ALLOWS SUBJECT MATTER EXPERTS TO CREATE AUGMENTED & VIRTUAL REALITY SPACES. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all these Terms and Conditions.
If you do not agree with all these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
2. ACCEPTABLE USE
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
3. INFORMATION YOU PROVIDE TO US
3.1 You
represent and warrant that: (a) all registration information you submit will be
true, accurate, current, and complete and relate to you and not a third party;
(b) you will maintain the accuracy of such information and promptly update such
information as necessary; (c) you will keep your password confidential and will
be responsible for all use of your password and account; (d) you have the legal
capacity and you agree to comply with these Terms and Conditions; and (e) you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information
(such as an identification code or user name) and/or password you must promptly
notify us at Conatc@redhouse243.com .
3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such user name is inappropriate.
3.3 As
part of the functionality of the Site, you may link your account with online
accounts you may have with third party service providers (each such account, a
Third Party Account) by either: (a) providing your Third Party Account login
information through the Site; or (b) allowing us to access your Third Party
Account, as is permitted under the applicable terms and conditions that govern
your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login
information to us and/or grant us access to your Third Party Account without
breach by you of any of the terms and conditions that govern your use of the
applicable Third Party Account and without obligating us to pay any fees or
making us subject to any usage limitations imposed by such third party service
providers.
3.4 By
granting us access to any Third Party Accounts, you understand that (a) we may
access, make available and store (if applicable) any content that you have
provided to and stored in your Third Party Account (the Social Network
Content) so that it is available on and through the Site via your account, including
without limitation any friend lists; and (b) we may submit and receive
additional information to your Third Party Account to the extent you are
notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy
settings that you have set in such Third Party Accounts, personally
identifiable information that you post to your Third Party Accounts may be
available on and through your account on the Site. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third
Party Account is terminated by the third party service provider, then Social
Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the
Site and your Third Party Accounts at any time. Please note that your
relationship with the third party service providers associated with your third
party accounts is governed solely by your agreement(s) with such third party
service providers. We make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy, legality or
non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Site. At your email request
to Contact@redhouse243.com or through your account settings (if
applicable), we will deactivate the connection between the Site and your Third
Party Account and attempt to delete any information stored on our servers that
was obtained through such Third Party Account, except the username and profile
picture that became associated with your account.
4. CONTENT YOU PROVIDE TO US
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.6 If you wish to complain about User Content uploaded by other users please contact us by using the report button.
5. OUR CONTENT
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. SITE MANAGEMENT
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
7. MODIFICATIONS TO AND AVAILABILITY OF THE SITE
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8. DISCLAIMER/LIMITATION OF LIABILITY
8.1 The
Site and Services are provided on an as-is and as-available basis. You agree
that your use of the Site and/or Services will be at your sole risk except as
expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute, custom
or usage, a course of dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation, the implied
warranties of satisfactory quality, fitness for a particular purpose and
non-infringement are excluded to the fullest extent permitted by applicable
law.
We make no warranties or representations about the accuracy or completeness of
the Site’s content and are not liable for any (1) errors or omissions in
content: (2) any unauthorized access to or use of our servers and/or any and
all personal information and/or financial information stored on our server; (3)
any interruption or cessation of transmission to or from the site or services;
and/or (4) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party. We will not be
responsible for any delay or failure to comply with our obligations under these
Terms and Conditions if such delay or failure is caused by an event beyond our
reasonable control.
8.2 Our
responsibility for loss or damage suffered by you:
We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
In particular, we will not be liable for:
If you are a consumer user:
9. TERM AND TERMINATION
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at Contact@redhouse243.com.
9.2
Without limiting any other provision of these Terms and Conditions, we reserve
the right to, in our sole discretion and without notice or liability, deny
access to and use of the Site and the Services (including blocking certain IP
addresses), to any person for any reason including without limitation for
breach of any representation, warranty or covenant contained in these Terms and
Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is
in breach of these Terms and Conditions or of any applicable law or regulation,
we may terminate your use or participation in the Site and the Services or
delete your profile and any content or information that you posted at any time,
without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. MOBILE APPLICATION
10.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
10.2 For consumers only - If you are a customer in the European Union, you have certain rights to decompile the Software if:
Before reverse engineering or decompiling the software, you must first write to us and ask us to provide you with the interoperability information that you need. Please provide us with full details of your requirements so that we can assess what information you need. We may impose reasonable conditions on providing you with interoperability information. You must use that information only for the purpose of making the software interoperable with other software. You must not use that information for any other purpose.
For
business users only - You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of
the software/application unless you have first written to us requesting
interoperability information and we have failed to provide you with that
information or if we have failed to offer to provide you with interoperability
information on reasonable conditions";
(b) make any modification, adaptation, improvement, enhancement, translation or
derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your
access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of
copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting
access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is,
directly or indirectly, competitive with or in any way a substitute for the
application;
(h) use the application to send automated queries to any website or to send any
unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing or
distribution of any applications, accessories or devices for use with the
application.
10.3 The
following terms apply when you use a mobile application obtained from either
the Apple Store or Google Play (each an App Distributor) to access the
Services:
(a) The license granted to you for our mobile application is limited to a
non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating system, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with
respect to the mobile application as specified in these Terms and Conditions or
as otherwise required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support
services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any
applicable warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the mobile application, and to the maximum extent
permitted by applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting country; and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using
the mobile application, e.g., if you have a VoIP application, then you must not
be in breach of their wireless data service agreement when using the mobile
application; and
(f) You acknowledge and agree that the App Distributors are third party
beneficiaries of these Terms and Conditions, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce these
Terms and Conditions against you as a third party beneficiary thereof.
11. GENERAL
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by the laws of the state of California. You and we both agree that the courts of the State of California will have exclusive jurisdiction.
11.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the state of California. We both agree to the exclusive jurisdiction of the courts of the state of California.
11.10 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts.
11.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at Contact@redhouse243.com or by post to:
REDHOUSE
Virtual Education INC
2675 Kettle Creek Dr.
Frisco Texas 75034