PCS EDVENTURES!, INC.
(A) YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OR (B) IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least eighteen (18) and your legal guardian does not agree with all of these Terms, you must not accept these Terms and you may not access or use the Content.
- Definitions. For purposes of the Terms, the terms set forth in this section have the meanings assigned to them below:
“PCS” means PCS Edventures!, Inc., an Idaho corporation.
“Content” means any and all online and/or downloadable content provided by PCS to the User, including without limitation the digital course “Droneology” and any other digital courses that PCS may offer and all websites, videos, applications, documentation, and other information provided by PCS in connection therewith or otherwise.
“User Account” means the unique user account assigned to you in connection with the Content.
- Access to and Use of the Content.
2.1 Limited License. Subject to the Terms, PCS grants you a personal, revocable, nonexclusive, non-transferable, non-sublicensable right and license to access the Content and use the Content for your personal noncommercial use for the duration of time for which the applicable fees, if any, have been paid. In addition:
2.1.1 You will not reproduce, publish, or distribute content in connection with the Content that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
2.1.2 You will not: (a) abuse or misuse the Content, including without limitation gaining or attempting to gain unauthorized access to the Content and altering or destroying information in the Content; (b) using the Content in such a manner that interferes with other Users’ use of the Content; or (c) using the Content in any manner that violates the Terms.
2.1.3 You will not: (a) make the Content, in whole or in part, available to any other person, entity, or business, including without limitation by framing or inline linking any of the Content, or incorporating into another website or other service any of the Content; (b) copy, reverse engineer, decompile, or disassemble the Content, in whole or in part; or (c) modify the Content or associated software or combine the Content with any other software or content not provided or approved by us. You will obtain no rights to the Content except for the limited rights to use the Content expressly granted by the Terms.
2.2 Compliance with Terms. You will at all times comply with the Terms.
2.3 Compliance with Law. You will comply with all applicable laws in connection with your access and use of the Content. You will not undertake or permit any unlawful use of the Content, or take any action that would render the operation or use of the Content by PCS or any other User unlawful. PCS offers no assurance that your use of the Content under the terms of the Terms will not violate any law or regulation applicable to you.
2.4 User Account.
2.4.1 You acquire no ownership rights in your User Account, and your User Account may be terminated or changed at any time in PCS’s sole discretion.
2.4.2 You will adopt and maintain reasonable and appropriate security precautions to prevent disclosure to or use by unauthorized persons of your User Account. You are responsible for maintaining the confidentiality of your User Account and account password, and are responsible for all activities that occur under your account. You agree to immediately notify PCS of any breach or suspected breach of the security of the Content of which you become aware, or any unauthorized use or disclosure of information within or obtained from the Content, and you will take such action to mitigate the breach or suspected breach as PCS may direct, and will cooperate with PCS in investigating and mitigating the breach.
2.5 Indemnification. You agree to indemnify, defend, and hold harmless PCS and its affiliates, officers, directors, and agents from and against any claim, cost, or liability, including without limitation reasonable attorneys’ fees, arising out of: (a) your use of the Content; (b) any breach by you of any representations, warranties, or agreements contained in the Terms; (c) the actions of any person gaining access to the Content under your User Account that adversely affects the Content; and (e) your negligent or willful misconduct.
- Product and Service Notifications. PCS may place advertisements concerning the products and services of third parties on the Content, so that you see them when you use the Content. PCS may receive remuneration from the suppliers of these products and services for placing their advertisements. PCS may use computerized processes to tailor the advertisements to you or to your use of the Content. However, except as expressly permitted under the Terms, PCS will not disclose to any third party any information that identifies you to enable the third party to market products or services to you directly.
- Intellectual Property.
5.1 Ownership. All right, title, and interest (including all copyrights and other intellectual property rights) in the Content in any form belongs to PCS and/or its licensors. You acquire no proprietary interest in any of the Content. You must promptly advise PCS in writing of any improper disclosure, misappropriation, or misuse of the Content by any person that may come to your attention.
5.2 Irreparable Harm. You acknowledge that PCS will suffer irreparable harm if you fail to comply with your obligations set forth in this Section 6, and you further agree that monetary damages will be inadequate to compensate PCS for any such breach. Accordingly, you agree that PCS will, in addition to any other remedies available to PCS at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
5.3 Trademarks. “PCS Edventures!” and all PCS logos and product and service names are trademarks of PCS (the “PCS Marks”). Without PCS's prior written permission, you agree not to display or use in any manner, any of the PCS Marks.
5.4 Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by PCS infringe your copyright, you, or your agent may send to PCS a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon PCS actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to PCS a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. PCS’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: email@example.com
5.5 This Section 5 will survive the termination of the Terms for any reason.
- Disclaimers, Exclusion of Warranties, and Limitation of Liability.
6.1 Carrier Lines. YOU ACKNOWLEDGE THAT ACCESS TO THE CONTENT WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND PCS’S CONTROL. PCS ASSUMES NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT USER’S RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
6.2 No Warranties. ACCESS TO THE CONTENT AND THE INFORMATION CONTAINED ON THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PCS MAKES NO WARRANTY THAT (I) THE CONTENT WILL MEET YOUR REQUIREMENTS, (II) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE CONTENT PURCHASED OR OTHERWISE RECEIVED BY YOU FROM PCS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PCS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IF YOU WISH TO APPLY IDEAS OR METHODS CONTAINED OR DESCRIBED IN THE CONTENT, YOU ARE TAKING FULL RESPONSIBILITY FOR YOUR ACTIONS.
6.3 Limitation of Liability. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE CONTENT, INCLUDING WITHOUT LIMITATION INACCURATE OR INCOMPLETE INFORMATION. PCS DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE CONTENT. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL PCS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF PCS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
- Termination. You may discontinue your use of the Content at any time. You agree that PCS may, upon expiration of the period of time for which the applicable fees, if any, have been paid or upon your breach of any of these Terms, terminate your access to the Content, terminate the Terms, or suspend or terminate your User Account. In the event of termination, your account will be disabled and you may not be granted access to the Content, your account, or any files or other content contained in your User Account.
- Modification. PCS may change the Content and/or the Terms at any time and from time to time. You agree that PCS shall not be liable to you or to any third party for any modification of the Content and/or the Terms.
- Export Controls. You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control. If you are in a country outside of the United States, you agree to additionally comply with any local rules regarding online conduct and acceptable content, including without limitation laws regulating the export and reexport of data to and from the United States or such other country.
- Applicable Law. The interpretation of the Terms and the resolution of any disputes arising under the Terms shall be governed by the laws of the State of Idaho. If any action or other proceeding is brought on or in connection with the Terms, the venue of such action shall be exclusively in Ada County, Idaho.
- Severability. Any provision of the Terms that shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provision of the Terms, and such other provisions shall remain in full force and effect.
- Notices. You agree that PCS may provide you with notices, including without limitation those regarding changes to the Terms, by e-mail, regular mail, or postings in the Content.
- Waiver. No provision in the Terms shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
- Complete Understanding. The Terms (including without limitation any policies, guidelines, and amendments that may be presented to your form time to time) constitute the entire agreement between you and PCS and govern your access to and use of the Content, superseding any prior agreements between you and PCS relating to the Content. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PCS services, affiliate services, third-party content, or third-party software.
- 15. No Third-Party Beneficiaries. Nothing express or implied in the Terms is intended to confer, nor shall confer, upon any person or entity other than the parties and their respective successors or assigns any rights, remedies, obligations, or liabilities whatsoever.