Terms Of Service
- User: User ("You") is classified into two categories as above age and below the age of 13.
- Users below age of 13 ("Child"): a Parent or Guardian ("Guardian") is responsible for a Child's usage of eSkool site. Any information intended to be collected while sign up shall be first sent to parent's id and shall be collected only on confirmation from the parent.
- Should the parent opt to, a sign up without personal information shall be possible without revealing personal identifiable information.
- Parents are responsible for meeting the terms of service, and act in the best interest for their wards.
- Users above 13 ("User"): Users shall be treated as regular users if they are above the age of 13, and would not require a guardian for sign up or submitting any info.
- Eligibility: Use of the Website is void where
prohibited. By using the Website, you represent and warrant that.
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- Your use of the Website does not violate any applicable law or regulation.
- Your account may be terminated and your data deleted without warning, if we believe that any of the terms are breached.
- Content: Contents of the website also includes
and are not limited to various educational contents developed by
eSkool team, and design, layout, look, appearance and graphics of
It also includes contents obtained from third party sources which includes and not limited to
- Open-source contents
- Accessed through iFrames
- Licensed to eSkool.com
- Your eSkool Account and Data. If you (or your
ward) create an account on the Website, 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.
You must immediately notify eSkool of any unauthorized uses of your
data, your account or any other breaches of security. eSkool will
not be liable for any acts or omissions by You or your ward,
including any damages of any kind incurred as a result of such acts
or omissions. eSkool may from time to time set storage limits for
your data, or take any other measures eSkool considers appropriate
to manage the Website. eSkool may also from time to time change its
policies on offering commercial content or displaying advertising,
and it may do this without notice.
- Prohibited Content and Activities, and Responsibility of Contributors. If you create sets, comment via the discussion boxes, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other format in which eSkool stores data. The purpose of the Website is learning, and users are asked to post only learning-related Content. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Website. eSkool reserves the right to investigate and take appropriate legal action against anyone who, in eSkool's sole discretion, violates this provision, including without limitation, removing the offending Content from the Website and terminating the accounts of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of eSkool:
- is patently offensive and promotes racism, bigotry, bullying, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains anything sexually suggestive, excessive violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person including yourself;
- 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.
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
- 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 eSkool such as contests, sweepstakes, barter, advertising, or pyramid schemes; The following are examples of the kind of activity that is illegal or prohibited on the Website. eSkool reserves the right to investigate and take appropriate legal action against anyone who, in eSkool's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. 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 Website;
- 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 Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- 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 Website or the networks or services connected to the Website;
- displaying an unauthorized commercial advertisement on the Website, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person; or
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
- reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion or use of, or access to, the Content and/or services offered throughout this website (unless you have been specifically allowed to do so in a separate agreement)
- use of such 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 anyone else has rights to intellectual property you create, you have either (i) received permission from them to post or make available the Content, including but not limited to any software, or (ii) secured from them 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 content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or 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 eSkool or otherwise.
By making Content available, you represent and warrant that:
By submitting Content to eSkool for inclusion on the Website, for example posting a word set, you grant eSkool a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now or later developed). Such additional uses by eSkool, or other companies or individuals who partner with eSkool, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available through the Website. See our Developer API rules, for how third-party developers can interact with Content.
- Responsibility of Website Visitors. eSkool has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, eSkool does not represent or imply that it endorses the material there posted, 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 content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. eSkool disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which eSkool links, and that link to eSkool. eSkool does not have any control over those non-eSkool websites and webpages, and is not responsible for their contents or their use. By linking to a non-eSkool website or webpage, eSkool does not represent or imply that it endorses such 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 Content. eSkool disclaims any responsibility for any harm resulting from your use of non-eSkool websites and webpages.
- Copyright Infringement and DMCA Policy. As eSkool asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by eSkool violates your copyright, you are encouraged to notify eSkool in accordance with eSkool's Digital Millennium Copyright Act ("DMCA") Policy. eSkool will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of eSkool or others, eSkool may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, eSkool will have no obligation to provide a refund of any amounts previously paid to eSkool.
- Trademarks. eSkool,eSkool.com, the eSkool.com logo, and all other trademarks, service marks, graphics and logos used in connection with eSkool, or the Website are trademarks or registered trademarks of eSkool or eSkool's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any eSkool or third-party trademarks. Portions copyright Voiceware Co., Ltd. 2001 and NeoSpeech, Inc., 2002, 2007. Portions powered by Loquendo TTS. Audio files and software may not be sold or redistributed, nor offered as a service to others.
- Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of eSkool and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
- Limitation of warranties of eSkool, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and eSkool, 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,accuracy and authenticity of the content, title or non-infringement of proprietary rights. You understand and agree that you use, download (where ever applicable) from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that eSkool, 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 or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of eSkool, its suppliers and its licensors. Except as otherwise expressly stated, in no event will eSkool, 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 Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if eSkool, 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 eSkool, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to eSkool 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 10 represents a reasonable allocation of risk.
- Indemnification. You agree to defend, indemnify and hold harmless eSkool, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between eSkool and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of eSkool, or by the posting by eSkool of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the rules and laws under the jurisdiction of Indian Legal System, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in State of Kerala, India. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; eSkool may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.