IVY EDUCATION GROUP CORPORATION
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Ivy Education Group ("IEG") welcomes you. IEG provides the IEG Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:
http://ivyedugrp.org/services/ 1. By accessing and using the IEG Services, you accept and agree to be bound by the terms and provision of the TOS. IEG may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF IEG SERVICES
IEG provides users with various official short-term Summer and Winter certified programs (currently with Columbia Business School, Harvard School of Engineering and Applied Sciences, and Stanford University Summer College), responsible for taking care of students’ daily-life activities (CBS and Harvard only), providing guidance, recommend and/or refer additional education services, live on-line course, now known or hereafter developed (the "IEG Services"). You also understand and agree that the IEG Services may include advertisements and that these advertisements are necessary for IEG to provide the IEG Services. You also understand and agree that the IEG Services may include certain communications from IEG, such as service announcements, administrative messages and the IEG Newsletter, and that these communications are considered part of IEG membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current IEG Services, including the release of new IEG properties, shall be subject to the TOS. You understand and agree that the IEG Services is provided "AS-IS" and that IEG assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the IEG Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the IEG Services.
You understand that the technical processing and transmission of the IEG Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the IEG Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the IEG 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 IEG Service's 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 IEG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IEG has the right to suspend or terminate your account and refuse any and all current or future use of the IEG Services (or any portion thereof). IEG is concerned about the safety and privacy of all its users, particularly children. For this reason, we would ask parents of children under the age of 13 who wish to allow their children access to the IEG Services to register on behalf of them.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the IEG Service's 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 IEG 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. IEG cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not IEG, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the IEG Services. IEG does not control the Content posted via the IEG Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the IEG Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IEG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the IEG Services.
You agree to not use the IEG Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a IEG official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the IEG Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the IEG Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
k. "stalk" or otherwise harass another; and/or
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that IEG may or may not pre-screen Content, but that IEG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the IEG Services. Without limiting the foregoing, IEG and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IEG or submitted to IEG, including without limitation information in IEG Blogs and in all other parts of the IEG Services.
You acknowledge, consent and agree that IEG 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 IEG, its users and the public.
You understand that the IEG Services and software embodied within the IEG Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by IEG and/or content providers who provide content to the IEG Services. You may not attempt to override or circumvent any of the usage rules embedded into the IEG Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the IEG Services, in whole or in part, is strictly prohibited.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE IEG SERVICES
IEG does not claim ownership of Content you submit or make available for inclusion on the IEG Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the IEG Services, you grant IEG the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of IEG Blog, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the IEG Services solely for the purposes of providing and promoting the specific IEG Blog to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the IEG Services and will terminate at the time you remove or IEG removes such Content from the IEG Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the IEG Services other than IEG Blog, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the IEG Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the IEG Services and will terminate at the time you remove or IEG removes such Content from the IEG Services.
8. CONTRIBUTIONS TO IEG
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to IEG through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) IEG is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) IEG 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) IEG may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of IEG without any obligation of IEG to you; and (f) you are not entitled to any compensation or reimbursement of any kind from IEG under any circumstances.
You agree to indemnify and hold IEG 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 IEG Services, your use of the IEG Services, your connection to the IEG Services, your violation of the TOS, or your violation of any rights of another.
10. NO COMMERCIAL REUSE OF IEG 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, the IEG Services (including Content, Blogs, and your IEG ID).
11. MODIFICATIONS TO IEG SERVICES
IEG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the IEG Services (or any part thereof) with or without notice. You agree that IEG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the IEG Services (or any part thereof).
You may terminate your IEG account, any associated email address and access to the IEG Services by submitting such termination request to IEG.
You agree that IEG may, without prior notice, immediately terminate, limit your access to or suspend your IEG account, any associated email address, and access to the IEG 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 IEG 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 IEG Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in IEG's sole discretion and that IEG shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the IEG Services.
Termination of your IEG account includes any or all of the following: (a) removal of access to all or part of the offerings within the IEG 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 IEG Services.
The IEG Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that IEG 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 IEG 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.
14. IEG'S PROPRIETARY RIGHTS
You acknowledge and agree that the IEG Services 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 the IEG Services 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 IEG 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 IEG Services, such Content or the Software, in whole or in part.
IEG 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 IEG Services. You agree not to access the IEG Services by any means other than through the interface that is provided by IEG for use in accessing the IEG Services.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE IEG SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE IEG SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IEG 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. IEG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE IEG SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE IEG SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IEG 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 IEG SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IEG 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IEG OR THROUGH OR FROM THE IEG SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE IEG SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE IEG SERVICE. IMMEDIATELY DISCONTINUE USE OF THE IEG SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE IEG SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IEG 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 IEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE IEG 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 IEG SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE IEG SERVICE.
17. 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 19 AND 20 MAY NOT APPLY TO YOU.
18. 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.
IEG 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 IEG Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the IEG 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 IEG Services in an authorized manner.
20. TRADEMARK INFORMATION
You agree that all of IEG’s trademarks, trade names, service marks and other IEG logos and brand features, and product and service names are trademarks and the property of IEG (the "IEG Marks"). Without IEG's prior permission, you agree not to display or use in any manner the IEG Marks.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
IEG respects the intellectual property of others, and we ask our users to do the same. IEG may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IEG's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
c/o Ivy Education Group Corporation
2140 S. Dupont Highway
Camden, DE 19934
By phone: (617) 958-1888
By email: email@example.com
22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and IEG and governs your use of the IEG Services, superseding any prior version of this TOS between you and IEG with respect to the IEG Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IEG services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and IEG each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Delaware 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 IEG, shall be brought exclusively in the courts located in the county of Camden, Delaware. You and IEG agree to submit to the personal jurisdiction of the courts located within the county of Camden, Delaware, 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 IEG 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 IEG account is non-transferable and any rights to your IEG ID 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 IEG 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.
Please report any violations of the TOS to firstname.lastname@example.org.
Last updated March 8th, 2013