Zaniac Holdings, LLC (”Zaniac”) provides the following Terms of Service ("TOS") to you, which we may update from time to time without notice to you. By accessing and using the Zaniac website, you accept and agree to be bound by the terms and provision of the TOS.
DESCRIPTION OF ZANIAC SERVICES
Description of Zaniac Services --> Zaniac provides supplemental science, technology, engineering, and math software and training classes for students enrolled in Zaniac courses including, but not limited to, curriculum and assessments, analytic tools, personalized content, and branded programming though its website and working with third party services. You understand and agree that Zaniac services may include advertisements and certain communications from Zaniac that you will not be able to opt out of, including but not limited to notifications about account activity, service announcements, administrative messages, and newsletters; these communications are considered part of your Zaniac membership. Unless explicitly stated otherwise, any new features that augment or enhance current Zaniac services shall be subject to the TOS. You understand that Zaniac services are provided “AS-IS” and that Zaniac assumes no responsibility for the timeliness, deletion, mis-delivery of information or data. You must provide and are responsible for all equipment necessary to access the Zaniac services.
Most Zaniac classes and courses are delivered by independent third-parties—including but not limited to schools, individual teachers, retail stores, and entrepreneurs—who are not under the control of Zaniac. Zaniac assumes no responsibility for the actions of these individuals, and you agree to hold Zaniac harmless for third party actions in accordance with section 8 of the TOS.
You understand that the technical processing and transmission of the Zaniac services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Zaniac services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Zaniac services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Zaniac registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Zaniac has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zaniac has the right to suspend or terminate your account and refuse any and all current or future use of the Zaniac services (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a member account through the Zaniac website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zaniac of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zaniac can not and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You acknowledge, consent and agree that Zaniac may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Zaniac its users and the public.
You understand that the Zaniac services and software embodied within the Zaniac may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Zaniac and/or content providers who provide content to Zaniac. You may not attempt to override or circumvent any of the usage rules embedded into the Zaniac services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Zaniac website, in whole or in part, is strictly prohibited.
CONTRIBUTIONS TO ZANIAC
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Zaniac, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Zaniac is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Zaniac shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Zaniac may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Zaniac without any obligation of Zaniac to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Zaniac under any circumstances.
You agree to indemnify and hold Zaniac and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Zaniac website, your use of the Zaniac services, your connection to the Zaniac services, your violation of the TOS, or your violation of any rights of another.
You agree to indemnify and hold Zaniac and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, arising out of a dispute or claim against an independent third party—including but not limited to schools, individual teachers, retail stores, and entrepreneurs—for the third party’s actions or omissions.
NO COMMERCIAL REUSE OF ZANIAC SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Zaniac services (including but not limited to Content, Curriculum, Software, Analysis).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Zaniac may establish general practices and limits concerning use of the Zaniac services, including without limitation the maximum number of days that data will be retained by Zaniac and the maximum number of times (and the maximum duration for which) you may access the Zaniac services in a given period of time. You agree that Zaniac has no responsibility or liability for the deletion or failure to store any content. You acknowledge that Zaniac reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Zaniac reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO ZANIAC SERVICES
Zaniac reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Zaniac services (or any part thereof) with or without notice. You agree that Zaniac shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Zaniac services (or any part thereof).
You may terminate your Zaniac account, any associated email address, and access to the Zaniac services by submitting such termination request to Zaniac.
You agree that Zaniac may, without prior notice, immediately terminate, limit your access to or suspend your Zaniac account and access to the Zaniac services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Zaniac services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Zaniac services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Zaniac’s sole discretion and that Zaniac shall not be liable to you or any third party for any termination of your or access to the Zaniac services.
Termination of your Zaniac account includes any or all of the following: (a) removal of access to all or part of the offerings within the Zaniac website or services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Zaniac services.
Zaniac may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Zaniac is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Zaniac 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
ZANIAC’S PROPRIETARY RIGHTS
You acknowledge and agree that the Zaniac services and any necessary software used in connection with the Zaniac services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through Zaniac or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Zaniac or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Zaniac services, such Content or the Software, in whole or in part.
Zaniac grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Zaniac website or services. You agree not to access Zaniac by any means other than through the interface that is provided by Zaniac for use in accessing its services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE ZANIAC SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE ZANIAC SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZANIAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ZANIAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ZANIAC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE ZANIAC SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZANIAC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ZANIAC SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ZANIAC WILL NOT REFUND PAYMENTS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO MISSED CLASSES, MALFUNCTION OF SOFTWARE, AND DISSATISFACTION WITH SERVICES.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZANIAC SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZANIAC OR THROUGH OR FROM ZANIAC SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZANIAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZANIAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ZANIAC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ZANIAC SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ZANIAC SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Zaniac may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Zaniac website, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Zaniac services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Zaniac services in an authorized manner.
You agree that all of Zaniac’s trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Zaniac. Without Zaniac’s prior written permission, you agree not to display or use in any manner the Zaniac logos and trademarks.
You acknowledge and agree that by creating an account using Zaniac’s services you will be added to the appropriate campus email newsletter distribution list. These emails contain information about new curriculum, upcoming events, and changes to Zaniac services. You may unsubscribe at any time using the Unsubscribe link included in every email.
This does not include emails sent as a part of parent email updates for students enrolled in courses or Edison Club. Contact your campus manager if you would prefer not to receive parent update emails.
Entire Agreement. The TOS constitutes the entire agreement between you and Zaniac and governs your use of the Zaniac services, superseding any prior version of this TOS between you and Zaniac with respect to the Zaniac services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Zaniac services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Zaniac each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Zaniac shall be brought exclusively in the courts located in the County of Buncombe. You and Zaniac agree to submit to the personal jurisdiction of the courts located within the County of Buncombe, North Carolina, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Zaniac to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Zaniac account is non-transferable and any rights to your Zaniac services or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Zaniac services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.