EduWay’s Platform can be found at https://lms.eduWay.
today, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by EduWay. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.1. Introduction
EduWay provides an open online content creation platform designed to allow Creators to build, design, publish, and sell courses and services (“Content”) to their Students. EduWay offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “EduWay Services”.
By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access EduWay’s Platform in any manner.
EduWay is neither a content provider nor an educational institution. Creators and Students are not employees of EduWay. EduWay is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator’s election, for processing payments through EduWay’s payment gateway(s). EduWay is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.2. Age of Access
A. You must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform). If you are under the age of 13 you may not use our Platform in any manner nor may you register for an account.3. License to Creators & Students
A. EduWay grants You a limited, non-exclusive license to access and use EduWay’s Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without EduWay’s express written consent. Except as expressly permitted by EduWay in writing, you will not try to reproduce EduWay’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by EduWay are reserved.4 Code of Conduct
A. We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
No Illegal Activity: This is about as simple as it gets. Do not use the EduWay Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity
No Bad Code: Do not use the EduWay Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that you don’t like your inbox cluttered with spam. You may not use the EduWay Platform to engage in any activities that will result in sending spam to anyone on the EduWay Platform, including EduWay (and its employees), Creators, and Students
Be Civil: We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the EduWay Platform we are going to be civil and respectful at all times
No Exploitation: You will not use the EduWay Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content
No Impersonation of EduWay or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of EduWay. You will not impersonate EduWay or any of its employees
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended
B. If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from the EduWay Platform. Whether conduct violates our Code of Conduct will be determined in EduWay’s sole discretion.5. Course and Services Content
A. While we’re on the subject of ground rules, we should also discuss what content is prohibited on the EduWay Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on EduWay.
EduWay reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement6. Services
A. EduWay may provide the opportunity for Creators to sell offerings (“Services”) to Students in addition to the courses that the Creator sells on the Platform (together Services and courses are referred to as Content). All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third party content, You agree that EduWay is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Creator.7. Intellectual Property and Your Content
In operating our Platform, it’s important for us to make it clear who owns what. You are trusting us with your content and consistent with EduWay’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the EduWay community.
A. EduWay Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "EduWay Content", and is and remains the sole property of EduWay. EduWay Content, including our trademarks, may not be modified by You in any way
B. Your Content: Content that You upload to the Platform is and remains Your content. EduWay does not claim any intellectual property rights over the materials You upload to the EduWay Platform by virtue of Your use of our services. By uploading your content to the EduWay Platform, You agree that:
EduWay may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but EduWay has no obligation to review anything that You upload
You are uploading Your content to the EduWay Platform at Your direction and that EduWay does not in anyway certify or provide approval or permission prior to You uploading Your content
EduWay may display Your content to other users (e.g. Your Students) via the EduWay Platform
You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
You agree to provide EduWay with all necessary licenses, including a worldwide, non-exclusive, royaly-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the EduWay Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)
You are responsible for and own, or have the rights to use, all of Your Content
C. Content Free of Infringement of Any Third Party Rights
You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
a) In plain language, this means that if you’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in your Content, you’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content8. EduWay’s General Rights In Operating Its Platform
A. EduWay reserves the following rights over the entire EduWay Platform:
EduWay may modify, terminate, or refuse to provide EduWay Services at any time for any reason, without notice
EduWay may remove anyone from the EduWay Platform at any time for any reason, solely in EduWay’s discretion. This right is not modified by any other section of this Agreement
EduWay may, but has no obligation to, monitor any content that appears on the EduWay Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and EduWay employees
EduWay reserves the right to modify, suspend, or alter its refund policy, at its sole discretion
If You close Your account or terminate Your school, EduWay may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law
EduWay reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement
EduWay has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time9. DMCA
A. EduWay takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about You transforming Your knowledge into Content. We draw a hard line when the EduWay Platform is used to exploit someone else’s intellectual property.
B. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), EduWay has set out the following policy:
If EduWay has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, EduWay reserves the right to remove, block, or otherwise ‘take down’ the content. EduWay also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the EduWay DMCA policy
Reporting of Copyright Infringement Under DMCA
a) If you believe that content appearing on the EduWay Platform violates your intellectual property, you should send a notice to EduWay (either physical mail or email is ok) at the following address supporteduway.today
b) Contents of Notice
If you send EduWay a notice regarding any claimed infringements, your notice must contain the following information:
(1) A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
(2) Identification of the copyrighted work claimed to have been infringed
(3) Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow EduWay to find and review this material on the EduWay Platform
(4) Your contact information, including your address, telephone number, and email address, so that we may be able to contact you
(5) A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
c) Counter Notification
If any content (including Creator Content) is removed due to the receipt of a DMCA notice, you may send EduWay what is known as a Counter Notice if you believe that your content was wrongly removed. Your Counter Notice must contain:
(1) A physical or electronic signature
(2) Identification of what was removed and the location where the material appeared before it was removed
(3) A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New York and that you will accept service of process from the person who provided notification
d) Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing
e) Repeat Infringements:
(1) As we stated above, EduWay really doesn’t look favorably on anyone who is using someone else’s intellectual property without permission. Should EduWay receive two or more DMCA complaints regarding any Creator, EduWay may simply remove that Creator from the EduWay Platform without further warning. Note: as we state in our EduWay Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way10. Trademark Violations
A. Trademark Infringement
The DMCA (again, the Digital Millennium Copyright Act), only covers copyrights. For claims of trademark infringement, EduWay requests that any notices sent to EduWay’s Designated Agent contain:
a) Information describing your trademark or service mark
b) The registration number, if applicable
c) Basis for your trademark claim
d) Jurisdiction in which you claim trademark rights, and
e) Class of goods or services and accompanying description for which you assert trademark rights
B. Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.11. Third Party Communications
A. By using EduWay’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). EduWay is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. EduWay assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.12. Third Party Offerings
A. Through the EduWay Platform, You will have the ability to access content, links to websites, and services provided by Creators, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at your own risk. EduWay does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.13. Errors and Corrections
EduWay does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does EduWay guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. EduWay may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.14. Limitations of Liability
In running the Platform, we require that You understand and agree that EduWay is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that EduWay doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against EduWay will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that EduWay, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the EduWay Platform
B. You agree that EduWay shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications
C. EduWay is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command
D. EduWay does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code
E. The EduWay Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the EduWay Platform
F. EduWay disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title
G. EduWay shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform
H. You agree that EduWay shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless EduWay, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other EduWay policies, and copyright and other intellectual property law)
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. You may not assign Your rights under this Agreement without EduWay's prior written consent
K. Should EduWay’s limitation of liability not be applicable, EduWay’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to EduWay over the prior twelve (12) months directly preceding your claim, unless otherwise required by law
L. You agree that EduWay shall not be liable for any content that appears on the Platform
M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity
N. You agree that any cause of action or claim that You may have against EduWay must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred15. Remedies for Violations
A. EduWay reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.16. Governing Law and Jurisdiction
A. The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor EduWay shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.19. Gender/Plural
A. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.