This Terms of Service covers the general population. Your Licensing Organization may have a customized Terms of Service for their contract. Inquire with your help desk or district support personnel if you would like to find out if your organization is covered by a custom Terms of Service.
1. Acceptance of Wixie.com Terms of Service
Welcome to Wixie (the "Service").
The Service is controlled, operated and administered by Tech4Learning, Inc., a United States company, from its offices in the United States. By using the Service, you agree to be bound by the laws of the United States regarding the resolution of disputes. Tech4Learning, Inc. ("Tech4Learning", "we", "us" and "our") reserves the right to update and change, from time to time, these Terms of Service and any documents incorporated by reference.
2. Description of the Service and Definitions
With a membership account, and depending on your membership level, you have access to certain services, features and tools, including but not limited to, the ability to create and upload digital content to the Service and to organize, store, edit and share that content with members of your licensed organization and/or with the general public. The content that you upload to the Service, including but not limited to digital images, audio files, digital videos and other supported file types, and comments, along with any materials that you create by using the Service, shall be hereinafter referred to as "Your Content". Any portions of Your Content that you choose to share with other users of the Service or the general public (collectively "Other Users") shall be hereinafter referred to as "Your Shared Content". Content that Other Users share with you shall be hereinafter referred to as "Shared Content".
Membership is restricted to users assigned by a licensing organization or licensing individual, hereafter referred to as "Licensee". Licensees may assign memberships up to the number of yearly memberships purchased. Memberships are for unique individuals and cannot be shared. The Licensee may assign and revoke memberships at will. Tech4Learning maintains Your Content for one week after a membership has been revoked. Tech4Learning makes no guarantee to maintain access to Your Shared Content by other members of your licensing organization or the general public for any period of time after a membership has been revoked.
4. Collection of Personal Information
a. What Tech4Learning Collects
i. Information Provided to Tech4Learning by Licensees - Required
When Licensees register to use the Service, they are required to provide certain information as part of the registration process which may include, but is not limited to, your first and last name, a unique identifier, a password, and your membership level ("Required Personal Data").
ii. Information You Provide to Tech4Learning - Optional
Tech4Learning provides tools that allow you to provide us with additional information about you - including, but not limited to, a personal photograph ("Optional Personal Data"). You are under no obligation to provide this information to Tech4Learning; it is completely voluntary.
iii. Automatic Information Gathering - Required
Once you register for the Service, and whenever you sign in and use the Service thereafter, Tech4Learning automatically collects and retains certain information about your behaviors while using the Service including, but not limited to, the amount of storage space you are using, the number of projects you have created, which projects are publicly shared, your shared content preferences, which editing features you use or do not use, the metadata and meta-tags associated with your projects, the date and time of each sign-in, and service generated errors. ("Specific Server Data"). Collection of this information is integral to the Service offering, and, as we explain in Section 4(b)(i) below, we cannot provide the functionality of the Service without it. If you do not wish to have this information collected by Tech4Learning and used for the purposes described below, then please do not use the Service.
iv. Breach Response Plan
Tech4Learning maintains a breach response plan that is updated annually. This plan outlines how Tech4Learning will investigate, mitigate, and communicate data breaches to our users.
b. How Tech4Learning Uses Your Information
i. Operation of the Service
Tech4Learning uses the Required Personal Data and the Specific Server Data for purposes of operating the Service, including for purposes of communicating with you about operational topics. For instance, if your membership is about to expire, we will use the information you provide to communicate that fact to you.
Some of the Optional Personal Data and Specific Server Data is used by Tech4Learning for improving our Service and for internal auditing, analysis and reporting purposes.
5. Wixie URL
As part of the Service, Tech4Learning may create a customized Wixie URL, such as organization.wixie.com/you. Such URL may be used solely with the Service, only for so long as the Licensee maintains a valid membership, and shall not be used for any other purpose. Tech4Learning may revoke your right to use any URL for any reason deemed appropriate by Tech4Learning, in its sole discretion, by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by Tech4Learning in its sole discretion to contain infringing or illegal content or content that otherwise violates these terms. In such event, Tech4Learning reserves the right to revoke your right to use your URL immediately without notice. Tech4Learning owns and retains all right, title and interest in and to the use of "Tech4Learning," "Wixie," and other Tech4Learning property in association with a user's URL.
6. Sharing Your Content
One of the main purposes of the Service is to facilitate sharing content created using the Service. The Service enables sharing of Your Content in several ways that include, but are not limited to:
a. by using a "copy URL" function to share a URL link to Your Content with recipients of your choosing;
b. by using an"Embed" function to give others the ability to link to Your Content from any document or web page and/or to embed Your Content in a document or web page; and/or
c. by using a "Showcase" function which enables you to share content to at your Wixie URL.
Once you share any of Your Content via any one of these or other sharing features, the shared portion of Your Content becomes Your Shared Content. Sharing any of Your Content indicates your grant of certain rights in and to Your Shared Content to Other Users as further described below in Sections 9 (b) and 10. Please be aware that when you share Your Content, you may also make your first and last name, email address, and/or your URL publicly available.
7. Information of Other Users
Information that you provide about other individuals for sharing features within the Service, such as an individual's name and email address, is used by Tech4Learning to facilitate your ability to communicate with such individuals via the Service and is not used by Tech4Learning for any other purpose. As between Tech4Learning and you, you shall have sole responsibility for any and all personal information of Other Users you use and submit in connection with the Services, and Tech4Learning shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to the personal information of Other Users. You shall defend, indemnify, and hold harmless Tech4Learning from any claim, suit or proceeding brought against Tech4Learning by an Other User in connection with any acts or omissions with regards to such personal information of Other Users. Email messages related to the Services are generally sent to Other Users by you and not by Tech4Learning. As a result, even though certain Other Users may have opted-out from receiving communications from Tech4Learning, such Other Users may receive certain Service-related email messages sent by you. In addition, if applicable, Tech4Learning may send emails to Other Users in your name as your agent, at your request, and on your behalf. You are solely responsible for such email messages and the contents thereof.
If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive emails from such user or do not wish to participate, you are required to contact the person who invited you to update, correct or delete the information they provided about you. In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others.
8. Use of Your Content
a. By Tech4Learning
Tech4Learning does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do. Therefore, with respect to Your Content, you grant Tech4Learning a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), non-exclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to Your Shared Content, you additionally grant Tech4Learning the rights to distribute, publicly perform and publicly display Your Shared Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense Your Shared Content to Other Users subject to the limitations of Section 9 below. Operating the Service includes featuring and promoting those portions of Your Shared Content that you make publicly available solely within the Service. These limited licenses do not grant Tech4Learning the right to sell or otherwise license Your Content or Your Shared Content on a stand-alone basis. Further, you may terminate Tech4Learning's right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Tech4Learning's rights by removing Your Content from the Service. Upon removal of Your Content from the Service or upon making Your Shared Content no longer shared, Tech4Learning shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that Tech4Learning shall have the right to keep archived copies of Your Content.
b. By Other Users
You hereby grant Other Users a worldwide, royalty-free, non-exclusive license to view, download, print, distribute, publicly perform and publicly display Your Shared Content subject to the limitations in Section 9. If you do not wish to grant these rights in Your Shared Content, do not share Your Content. While you have the ability to remove Your Content from the service and/or the public areas within the Service and thus prevent future rights from being granted, you acknowledge and agree that once Your Shared Content has been shared, Tech4Learning can neither monitor nor control what Other Users do with it.
9. Use of Shared Content and Tech4Learning Materials
Subject to the following conditions, Tech4Learning grants you a worldwide, royalty-free, non-exclusive license to view, download, print, distribute, publicly perform and publicly display Tech4Learning Materials. Your use of content shared by Other Users with you via the Service or that Other Users make publicly available via the Service ("Shared Content") is also subject to the following conditions unless otherwise specified herein.
a. Your rights granted by this Section are limited to your personal, informational, non-commercial, and, in the case of a licensing organization, internal purposes only;
b. You may not sell, rent, lease or license Shared Content or Tech4Learning Materials to others;
c. You may not modify or alter Shared Content or Tech4Learning Materials unless authorized to do so; and
d. You may not remove any text, copyright or other proprietary notices contained in Shared Content or Tech4Learning Materials.
When you add content to the Service, the Service automatically enables other users to comment on Your Shared Content. The Service also enables you to comment on Shared Content. Comments are not anonymous may be viewed by other users. When you comment on Shared Content, you make your comment, the date and time such comment was posted and certain personal information about you available to Other Users, including but not limited to your first and last name. You also grant Tech4Learning and Other Users the rights provided in Section 8 and 9.
Tech4Learning uses reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links, failure of communications equipment, malicious activity, and Acts of God that are beyond our control. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
12. Storage of Your Content
Tech4Learning provides online storage for Your Content. The specific amount of online storage provided for Your Content will be based upon your respective membership level and Licensee. Tech4Learning will store your content for a minimum of 30 days after the expiration of the Service with the Licensee. As with all important content, as a recommended best practice, we suggest that you not use the Service as the sole repository for Your Content and use the Export a File feature to preserve a copy of Your Content.
13. Disclaimer of Warranties
You expressly understand and agree that your use of THE SERVICE is at your sole risk. The Service is provided on an "as is" and "as available" basis. Tech4Learning expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
A. Without limiting the foregoing, Tech4Learning makes no warranty that (i) THE SERVICE will meet your requirements, (ii) THE SERVICE will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of THE SERVICE will be accurate or reliable, and (Iv) any errors in THE SERVICE will be corrected.
B. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
C. No advice or information, whether oral or written, obtained by you from or through THE SERVICE OR A REPRESENTATIVE OF Tech4Learning shall create any warranty not expressly stated in these TERMS OF SERVICE.
14. Limitation of Liability
You expressly understand and agree that Tech4Learning shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damage, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tech4Learning has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. IN ANY EVENT DAMAGES BY YOU AGAINST Tech4Learning ARE LIMITED TO SUBSCRIPTION FEES PAID BY THE YOU DURING THE PRECEDING TWELVE MONTHS.
a. Service Fees
Use of the Service is subject to the payment of fees (the "Service Fees") by the Licensee. Tech4Learning will collect the relevant Service Fees for most services in advance of each Service Term. Licensees are responsible for paying all taxes levied in connection with the use of the Services.
b. Automatic Renewal of Subscriptions
When a Licensee purchases a subscription for the Service, the subscription will not be set to automatically renew upon its expiration. Tech4Learning may choose to grant a Licensee a grace period to process the purchase of a subscription renewal. A grace period must be requested in advance of the subscription expiration. The grace period will be applied at the sole discretion of Tech4Learning.
c. Collection of Service Fee
The Licensee agrees that in the event Tech4Learning is unable to collect the Service Fees owed to Tech4Learning for the Service, Tech4Learning may take the steps it deems necessary to collect such Service Fees and that the Licensee will be responsible for all costs and expenses incurred by Tech4Learning in connection with such collection activity.
d. Cancellations and Refunds
All fees and charges paid by the Licensee in relation to a subscription for the Service are non-refundable after the first 90 days of service.
e. Changes in Price
Tech4Learning may at any time, upon notice required by applicable law, change the price of subscriptions for the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during a subscription term will apply to subsequent subscription terms and to all new Licensees after the effective date of the change.
a. Termination by Licensee
A Licensee may stop using the Service at any time. To terminate your Service account, contact Wixie Support at 877-834-5453. If Service is terminated less than 90 days after activation, all fees paid by the Licensee are fully refundable. Any fees paid by the Licensee after 90 days are non-refundable, including any fees paid in advance for the term during which the Licensee terminates.
b. Termination by Tech4Learning
Tech4Learning may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service upon failure of the Licensee to pay any fees owed in relation to the Service. Any such termination or suspension shall be made by Tech4Learning in its sole discretion, without any refund of any prepaid fees or amounts, and Tech4Learning will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. In the event of termination by Tech4Learning for reasons other than breach of these Terms, Tech4Learning will provide you with a pro rata refund for the unused portion of the Service.
c. Effect of Termination
i. Upon the termination of use of the Service by Tech4Learning due to a breach by you of these Terms, or by Tech4Learning due to failure to pay fees owed, Tech4Learning will close your account without notice. You will no longer be able to retrieve Your Content, and Tech4Learning may delete, as applicable, all of Your Content or portions of Your Content.
ii. Upon termination of use of the Service for any reason other than under Section 16 (c)(i), or upon termination of the Service altogether, Tech4Learning will provide Licensees with thirty (30) days notice, sent to the primary contact for the Licensee by email, of such termination and will provide instructions on how to retrieve Your Content prior to such termination.
iii. Upon termination for any reason, Tech4Learning may permit another user to use the Wixie URL previously provided to you.
17. General Information
These Terms of Service constitute the entire agreement between you and Tech4Learning and govern your use of the Service. These Terms of Service and the relationship between you and Tech4Learning shall be governed by the laws of the State of California without regard to conflict of law provisions. You and Tech4Learning agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Tech4Learning to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. 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 Tech4Learning or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on the Service may not be assigned without the prior written consent of Tech4Learning.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.