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Cloud School Pty Ltd

Terms of Use Statement

Last Modified: June 27, 2013.


Welcome

Thanks for using our Daybook Pro products and services (“Services”). The Services are provided by Cloud School Pty Ltd (“Cloud School”). By using our Services, you are agreeing to these terms. Please read them carefully.


1. General

(a) The Daybook Pro software (including login access to the Web App on www.daybookpro.com), interfaces, content and any data that came with your Daybook Pro application and account ("Daybook Pro Software”), that may be updated or replaced by feature enhancements or software updates provided by Cloud School ("Daybook Pro Software Updates"), whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Cloud School for use only under the terms of this agreement. Cloud School and its licensors retain ownership of the Daybook Pro Software itself and reserve all rights not expressly granted to you.

(b) Cloud School may make available future Daybook Pro Software Updates. These may not necessarily include all existing software features or new features that Cloud School releases across all platforms and devices compatible with the Daybook Pro Software. The Terms of this statement will govern any Daybook Pro Software Updates that replace and/or supplement the Original Daybook Pro Software product, unless such Daybook Pro Software Update is accompanied by a separate statement in which case the terms of that statement will govern.


2. Using Our Services

(a) Subject to the terms of this statement, you (via a unique user “Account”) are granted a limited non-exclusive license to use the Daybook Pro Software on any compatible device. This statement does not grant you any rights to use Cloud School proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Daybook Pro Software. Some of those rights may be available under separate licenses from Cloud School. For more information on developing third party devices, accessories and software for Cloud School products, please email contact@theclassroominthecloud.com.

(b) Subject to the terms of this statement, you are granted a limited non-exclusive license to download Daybook Pro Software Updates that may be made available by Cloud School for your unique Account to update or restore the software on any such device that you own or control.

(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this statement), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Daybook Pro Software or any services provided by the Cloud School system, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open source components that may be included with the Daybook Pro Software).

(d) By storing content on your Daybook Pro account you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Daybook Pro Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

(e) You agree to use the Daybook Pro Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Daybook Pro Software and Services.

(f) Use of and access to the Daybook Pro Software will require you to apply for a unique username and password combination, known as a Daybook Pro Account (“Account”). In addition, you acknowledge that many features and Services of the Daybook Pro Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(g) Use of and access to certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination. In addition, you acknowledge that certain Services transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(h) In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.


3. Transfer

You may not rent, lease, lend, sell, redistribute, or sublicense the Daybook Pro Software. You may however, permanently transfer your entire Daybook Pro Software and Account details including all associated Account data to another person.


4. Data and Sharing

(a) Use of Diagnostic and Usage Data. Cloud School and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your Daybook Pro Software and Account details, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Daybook Pro Software, and to verify compliance with the terms of this License. Cloud School may use this information, as long as it is collected and stored in a form that does not personally identify you, to provide and improve Cloud School’s products and services.

(b) You acknowledge that use of your Daybook Pro Software may transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

(c) You acknowledge that data stored in your Daybook Pro Software is also duplicated (“Backed-Up”) on the Google App Engine® Cloud Platform where although every effort is made by Cloud School to protect the integrity and security of that data, its ultimate security cannot be and is not guaranteed by Cloud School.

(d) The creation of a User Account requires a Wi-Fi or cellular data connection.

(e) The Daybook Pro Software allows you to submit, upload and create data and content. You retain ownership of any intellectual property rights that you hold in that data and content.

(f) Sharing Units and associated data. The Unit Sharing feature of the Daybook Pro Software (“Sharing”) requires a Wi-Fi or cellular data connection. Your use of Sharing is subject to your compliance with Section 2(d) and 2(e) above. You understand that your Account Username, First Name and Last Name will be displayed to the other party with whom you share the Unit. In the case of the Unit being shared to a Public Library, you understand that your Account Username, First Name and Last Name will be displayed to all Daybook Pro Software Account holders who wish to browse the Public Library.

(g) Objectionable Content. In accordance with Section 6, Cloud School reserves the right to suspend or terminate the Account of any user who is found to be using the Daybook Pro Software in any way for the distribution of content which is deemed by Cloud School to be offensive, indecent, objectionable or unsolicited (“Objectionable Content”).

(h) Misuse. Cloud School may at its sole discretion suspend the Account of a user who has been found to be misusing the Daybook Pro Software in any way deemed as misuse by Cloud School. Cloud School will make all reasonable attempts to contact the suspended Account holder to verify the circumstances of the misuse before permanently deleting the Account data.

(i) If Objectionable Content is shared to you in any way including but not limited to the Unit Sharing feature; the Username, First Name and Last Name of the sender should be reported to Cloud School via email to: support@daybookpro.com

(j) The “Sharing” and “Syncing” features associated with your Daybook Pro Software require a Wi-Fi or cellular data connection. Cloud School cannot and does not guarantee 100% uptime availability of these services. Cloud School will attempt to notify Account holders of planned downtime for scheduled maintenance via the registered email address provided upon creation of the Account.

(k) Privacy Policy. At all times your data and information will be treated in accordance with Cloud School’s Privacy Policy, which is incorporated by reference into this statement and can be viewed at: http://www.daybookpro.com/privacy.html


5. Services and Third Party Materials.

(a) The Daybook Pro Software may enable access to third party applications and web sites (collectively and individually, "Services"). Such Services may not be available in all languages or in all countries. Use of these Services may require Internet access and use of certain Services may require an Apple ID or similar, or may require you to accept additional terms and may be subject to additional fees.

(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, content that may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Cloud School shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(c) Certain Services may display, include or make available content, data, information, Applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Cloud School is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Cloud School, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. The ability to link to Third Party Materials and link to other web sites is provided solely as a convenience to you.

(d) In addition, Services and Third Party Materials that may be accessed, linked to or displayed by the Daybook Pro Software are not available in all languages or in all countries or regions. Cloud School makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Cloud School and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Cloud School be liable for the removal of or disabling of access to any such Services.


6. Termination.

The terms of this statement are effective until terminated. Your rights under this statement will terminate automatically or otherwise cease to be effective without notice from Cloud School if you fail to comply with any term(s) of this statement. Upon termination, you shall cease all use of the Daybook Pro Software. Sections 4, 5, 6, 7, 8, 9, 11 and 12 of this statement shall survive any such termination.


7. Disclaimer of Warranties.

(a) If you are a customer who is a consumer (someone who uses the DaybookPRO Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

(b) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DAYBOOK PRO SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DAYBOOK PRO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAYBOOK PRO SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CLOUD SCHOOL AND CLOUD SCHOOL'S LICENSORS (COLLECTIVELY REFERRED TO AS "CLOUD SCHOOL" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DAYBOOK PRO SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

(d) CLOUD SCHOOL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DAYBOOK PRO SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DAYBOOK PRO SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DAYBOOK PRO SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE DAYBOOK PRO SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE DAYBOOK PRO SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

(e) YOU FURTHER ACKNOWLEDGE THAT THE DAYBOOK PRO SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE DAYBOOK PRO SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLOUD SCHOOL OR A CLOUD SCHOOL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


8. Limitation of Liability.

(a) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUD SCHOOL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DAYBOOK PRO SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE DAYBOOK PRO SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CLOUD SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

(b) In no event shall Cloud School's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of thirty dollars (U.S.$ 30.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


9. Subscription & Pricing.

(a) The Daybook Pro Software contains functionality that allows it to verify and accept a Subscription Certificate based on a unique username and password (referred to as the “Account”). Licensing of the Daybook Pro Software is by way of subscription of the user Account via the Apple iTunes® AppStore Auto-Renewing Subscription In-App Purchase mechanism. A subscription can be elected monthly, 6 monthly or annually and you may manage or cancel this subscription via your Apple iTunes account settings.

(b) The Subscription In App Purchase is set to the following pricing tiers:

      1 Monthly US$1
      6 Monthly US$5
      12 Monthly US$10

These prices will be converted into the applicable local currency by the AppStore®.

(c) Pricing tiers may be decreased at anytime without requiring the consent of the User. Cloud School maintains a commitment to providing value and quality to Users and as such does not intend to increase the subscription pricing tiers. The pricing tiers however are determined in part by Cloud server usage costs set by the providers of these services. These costs may increase from time to time. If it does become necessary to increase pricing tiers, notification of the increased subscription pricing tiers will be provided to you and acceptance of the increased price will be required by you at the end of the current subscription period. The Auto-Renewing Subscription In-App Purchase will not continue until you have provided consent.

(d) A valid Subscription enables you access to your Daybook Pro Account via any of the available Daybook Pro Software alternatives on any compatible device or platform.

(e) With the exception of Section 9(c), when entering into the Auto-Renewing Subscription In App Purchase, you acknowledge payment will be automatic and will be deducted from your associated iTunes account at least 24-hours before the end of the current period unless you have turned off auto-renew. You can manage your Subscription at anytime and auto-renewal may be turned off by going to your iTunes Account Settings.

(f) If your Daybook Pro Account subscription lapses, the Subscription Certificate becomes invalid and your Account is said to be in a “Dormant” state. You must re-activate your Subscription in order to regain access to your Account. You will be prompted to do this upon logging in with your unique username and password on any of the available platforms/devices.

(g) A Dormant Daybook Pro account will be held by Cloud School for a period of 12 months within which time reactivation is possible.

(h) A Dormant Daybook Pro account and all associated data will be permanently deleted after 12 consecutive months of remaining dormant.


10. The Use of the Daybook Pro Software and Associated Content for Monetary Gain.

Cloud School acknowledges that situations may arise where a Daybook Pro Software user or any other person may, by means not provided by Cloud School or the Daybook Pro Software, accept money for services related to, or the distribution of content created by, the Daybook Pro Software. Examples of this include without limitation; financial transactions associated with the Sharing of Units and participation in instructional courses not provided by, certified by or endorsed by Cloud School or it’s affiliates. Cloud School hereby acknowledges the possibility of these situations and Cloud School, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person who takes part in these situations.


11. Controlling Law and Severability.

These terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia excluding its conflict of law principles. This statement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this statement will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this statement shall continue in full force and effect.


12. Complete Agreement; Governing Language.

This statement constitutes the entire agreement between you and Cloud School relating to the Daybook Pro Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this statement will be binding unless in writing and signed by Cloud School. Any translation of this statement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this statement shall govern, to the extent not prohibited by local law in your jurisdiction.

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NOTICES FROM CLOUD SCHOOL

If Cloud School needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.


For information about how to contact Cloud School, please visit our contact page.