1. Eligibility. Use of the Service is void where prohibited. THE WEBSITE IS NOT AVAILABLE TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY SCROLBOOKS. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
2. Your Scrolbooks Account and Data. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individual, not organizational use. You may not share your account with any other person. You must notify Scrolbooks immediately of any unauthorized uses of your data, your account or any other breaches of security. Scrolbooks will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Coaches. Scrolbooks may make available certain features and tools that allow Users to add “Coaches” to their account.
- Coaching features are provided to allow any User to give another User, such as a tutor, friend or family member, the ability to view the activity in their Scrolbooks account in order to provide them with tutoring or coaching help on Scrolbooks. In these Terms, we refer to any User that you connect to your Scrolbooks account (other than Parent Users, who have different account permissions) as a “Coach“. A Parent User associated with a Child User can disable the coaching feature upon account creation, or in the Child’s User’s account settings.
- If you are a Coach, the following provisions apply to you. You may use Scrolbooks features and tools only for purposes of providing tutoring, coaching or other education-related assistance to a User that has an account established and existing pursuant to these Terms. COACHES ARE NOT PERMITTED TO CREATE OR REGISTER ACCOUNTS FOR ANY OTHER USER. In order to begin coaching relationship, the student or other User you wish to coach must either have a pre-existing account on the Services, or must establish an account pursuant to these Terms. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations.
4. International Use. Scrolbooks operates the Services in Ghana. If you choose to access our Services from locations outside Ghana, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in Ghana. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside Ghana. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Scrolbooks in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
5. Responsibility of Contributors. If you comment via the discussion boxes, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as “Content“) you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Scrolbooks stores data.
6. Prohibited Content. You may post only educational and study-related Content to the Service. The following are examples of Content prohibited to post on or through the Service. Scrolbooks reserves the right to investigate and take appropriate legal action against anyone who, in Scrolbooks’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Scrolbooks:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains sexually suggestive, excessively violent, or offensive subject matter;
- solicits personal information from anyone under 18 years old;
- publicly posts information that poses or creates a privacy or security risk to any person;
- includes information about another person that you have posted without that person’s consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
- contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
- contains or promotes an illegal or unauthorized copy of another person’s copyrighted work;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
- involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
- furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without prior written consent from Scrolbooks, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
- violates any and all applicable laws or regulations.
7. Prohibited Activities. You may only engage in educational and study-related activities while using the Service.The following are examples of the kind of activity that is prohibited on the Service. Scrolbooks reserves the right to investigate and take appropriate legal action against anyone who, in Scrolbooks’s sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
- impersonating or attempting to impersonate another user, person or entity;
- using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
- using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
- any automated use of the system, such as, but not limited to, using scripts to create or post Content;
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
- displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
- reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
- using the Service in a manner inconsistent with any and all applicable laws or regulations.
8. Content Representations and Warranties. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
- the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third-party sites, to boost the search engine rankings of third-party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Scrolbooks or otherwise.
9. Responsibility of Service Visitors. Scrolbooks has not reviewed, and cannot review, all Content posted to the Service, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Service, Scrolbooks does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain material that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. Scrolbooks disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted thereon. Visitors who discover Content or other material in violation of these Terms or Scrolbooks’s Community Guidelines are encouraged to report such material to Scrolbooks using the reporting functions available on the Service.
10. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which Scrolbooks links, and which link to Scrolbooks. Scrolbooks does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third-party website or webpage, Scrolbooks does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. Scrolbooks disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
11. Copyright Infringement and DMCA Policy. Scrolbooks respects the intellectual property rights of others. If you believe that material located on or linked to by Scrolbooks violates your copyright, you are encouraged to notify Scrolbooks. Scrolbooks will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Scrolbooks or others, Scrolbooks may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Scrolbooks will be under no obligation to provide a refund of any amounts previously paid to Scrolbooks by that user.
12. LIMITATION OF WARRANTIES OF Scrolbooks, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED “AS IS”, AND Scrolbooks, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT Scrolbooks, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY OF Scrolbooks, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL Scrolbooks, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF Scrolbooks, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST Scrolbooks, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO Scrolbooks DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK.