1. The Service.
RelaGrav is a web-based service available from the domain www.verbistro.com. This service provides teachers with an online marketplace to buy and sell educational materials directly from and to each other, which consist of original digital materials created by the seller (“Content”). The service provided by RelaGrav is referenced herein as the “Service.” RelaGrav at no time owns or sells any product for or on behalf of teachers. Teachers who sell Content via the Service are referenced herein and in the Service as “Sellers.” herein and in the Service, as “Sellers.” Teachers who purchase Content via the Service are referenced herein and in the Service as “Buyers.”
2. Fees, Services, Pricing, and Payments.
Membership Fees and Service Fees. Sellers who wish to sell their Content through the Service must join RelaGrav. Two types of membership are available for Sellers: (i) Basic Membership and (ii) Premium Membership. Basic Members who are Sellers pay no annual membership fee. Premium Members who are Sellers must pay an annual membership fee as set out at www.verbistro.com/index.php/seller-info. Basic Members and Premium Members who are Sellers both will be charged service fees on sales made through the Service, as set forth in greater detail in Section 3C below. Sellers can upgrade membership from the Basic level to the Premium level at any time. Buyers who wish to purchase Content through the Service also must join RelaGrav. Buyers pay no membership fee to join RelaGrav and there is no service fee for Buyers who purchase materials from Sellers through the Service.
B. Pricing of Content.
Sellers are solely responsible for setting the prices for the sale of their Content distributed through the Service, including for electronic materials. Sellers are obligated to sell their Content at the prices listed on the Service.
C. Agreement of Seller to Pay Service Fees and to Upload Content.
In consideration for the services provided by RelaGrav, you (Seller) agree to pay RelaGrav a service fee (“Service Fee”) for all Content you sell to Buyers through the Service, in accordance with the following: (i) Basic Members will pay a Service Fee equal to a percentage of the sale price of each item of digital Content sold plus a flat fee per item and (ii) Premium Members will pay a Service Fee equal to a percentage of the sale price of each item of digital Content sold. The percentages and flat fees per sale are set out at www.verbistro.com/index.php/seller-info.
For each transaction, RelaGrav will automatically deduct the Service Fee from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts to the Seller as set forth at www.verbistro.com/index.php/seller-info: (a) RelaGrav will collect payment from Buyers at the time Content is purchased through the Service, and (b) RelaGrav will notify you (the Seller) by email of the sale once payment has been verified and collected from the Buyer. If you are in breach of these Terms, for example due to violation of the conduct provisions in Section 6 hereto, RelaGrav reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently, or refund them to the Buyers who purchased content from you. RelaGrav reserves the right to delay payment. RelaGrav reserves the right to add, remove or otherwise alter the payment processors used by the Service. If you (as a Seller) cannot acquire an account with an approved payment processor, we may consider an alternative form of payment on a case-by-case basis. We make no representation regarding the services provided by our payment processors, and are not responsible for delays in payment caused by them. Stipulations for the distribution of payment to Sellers, including timing and fees, are set forth at www.verbistro.com/index.php/seller-info. You agree that upon notification of a sale of Content, you will promptly deliver the relevant Content sold by you through the Service, in accordance with any representations made by you on the Service and/or in connection with such Content, including, for example, with respect to the pricing and shipping of such Content, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards. Sellers are not authorized by the Service to delivery to any email address other than that which is provided to it by RelaGrav.
D. Additional Agreements and Obligations of Sellers.
By listing an item for sale, or uploading it to the Service, you (Seller) represent and warrant to prospective Buyers that you have the right and ability to sell and to deliver, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.
If you are a Seller, you agree to make at least one sample of such digital Content available to Buyers at no charge at all times when you are offering digital Content for sale via the Service. When selling digital Content, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital Content will be delivered separately or require an additional purchase, for example via a third-party website or other channel.
Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by RelaGrav in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).
E. Agreement of Buyers to Pay for Purchases.
When you (Buyer) purchase original digital Content you will have the ability to download the materials up to ten (10) total times for as long as the materials are available through the Service. We will make original digital Content you purchase available indefinitely, but your access to such materials may be disabled if the material is removed from the Service, for example, by the original seller as a result of the original seller’s account being closed or the materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. For this reason, we encourage you to download any original digital Content you may purchase, and to backup those materials accordingly. RelaGrav cannot restore access to, or provide copies of, purchased materials that have been removed from our Service.
You agree not to share your purchases with your colleagues unless you have purchased additional copies. You agree not to post your purchased or freely downloaded files on the Internet.
You agree to pay in full for all Content purchased through the Service, and agree that RelaGrav may charge your credit card, PayPal or other account for any Content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING RELAGRAV WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.
You agree that delivery of the Content to you does not transfer to you any commercial or promotion use rights in the Content. You agree that your use of the Service (including your purchase of Content) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.
F. Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
H. Refund Policy
All product sales are final, and no refunds are available.
RelaGrav may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; or (b) a product description is materially deceptive or misleading. If such an exception is made, RelaGrav may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.
As a Buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and noninfringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.
If RelaGrav elects to issue a refund to a Buyer, the amount refunded will be deducted from the Seller’s next Monthly Payout, provided however that if the Seller’s next Monthly Payout is less than the refund amount(s), RelaGrav may charge such refund amount(s) to the Seller’s credit card, PayPal account, or other payment processor account.
I. Transfer of Title
RelaGrav does not transfer legal title or ownership of items from the Sellers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2401(2) and Washington State Uniform Commercial Code RCW 62A, which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Seller agree otherwise, legal ownership to any item of Content passes to the Buyer upon the delivery of such item of Content from the Seller to the Buyer.
J. Promotions and Sales
RelaGrav may offer site wide promotions and sales on Content then currently listed on the Service, these sales are will be limited to a maximum discount of 10% and will be offered a maximum of 6 times per calendar year. These discounts will be applied automatic at check out during the eligible period.
4. License Grants.
A. License Grants by Sellers to RelaGrav.
When you (Seller) submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant RelaGrav a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH CONTENT, HOWEVER RELAGRAV’S LICENSE TO MAKE CONTENT YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.
B. Seller Representations and Warranties; Licenses to Other Users.
When you (Seller) submit or upload content (including without limitation Content) on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You (Seller) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such, you control the copyright licenses granted to a Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your Content to such Buyers. RelaGrav may, in its sole discretion, provide a means for Sellers to offer multiple licenses, but otherwise you agree to sell each sale of Content as a single-person, non-transferable, license. Nothing in the Service or in these Terms limits the existing rights of Buyers under the Copyright Act, including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). You, Seller, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org).
5. Registration Obligations.
6. Member and Visitor Conduct.
As a condition of using the Service, Members and visitors agree to all of the following: You must be a registered Member to buy or sell Content through the Service.
You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone. You are responsible for all activity that occurs under your Username. You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username. You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.
Further, while using the Service, Members and visitors agree not to: upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation; transmit any worms or viruses, spyware, malware, or any other harmful or destructive code; violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws); use the Service for any illegal or unauthorized purpose; impersonate any person or entity, including without limitation, a RelaGrav employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent; transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”; sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials); manipulate the price of any item or interfere with other Members’ listings; include hyperlinks, in products for sale on RelaGrav, to the website of any other platform or service offering or facilitating the sale of teaching materials or other educational products. advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law; provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service; employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service; attempt to gain unauthorized access to RelaGrav’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; attempt to regain access to RelaGrav following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username; “stalk” or otherwise harass anyone on or through the Service; collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.
7. Inappropriate User-Submitted Content.
RelaGrav prohibits the conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) RelaGrav is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, RelaGrav has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in RelaGrav’s sole discretion.
8. Links to Other Sites and Resources.
The Service contains links to other websites or resources. RelaGrav has no control over such external sites and resources. You agree that (i) RelaGrav is not responsible for the availability or accuracy of such external sites and resources, and (ii) RelaGrav does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
9. Copyright Policy
12. Warranty Disclaimers
YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY RELAGRAV SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RELAGRAV, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. RELAGRAV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. RELAGRAV ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. RELAGRAV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RELAGRAV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, RELAGRAV IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.
13. Limitation of Liability
YOU AGREE THAT RELAGRAV, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR 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. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. RELAGRAV’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO RELAGRAV DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability. When your Member Account is termination, we may remove all Content uploaded to your Member Account and shall have no obligation to retain any such Content. We encourage you to save backup copies of all Content you upload to the Service.
15. Miscellaneous Provisions
A. Ownership of Site. With the exception of the Content, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “RelaGrav Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to RelaGrav, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no RelaGrav Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without RelaGrav’s express prior written consent.
C. No Agency. RelaGrav is not the agent or representative of any site users (including, without limitation, any Sellers or Buyers), nor does it operate under their authority for any purpose. RelaGrav is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.
G. Notices. RelaGrav may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.
I. Future Changes in the Service. RelaGrav reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. RelaGrav will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
J. Assignment. RelaGrav may assign this agreement to any successor or purchaser of RelaGrav or all or substantially all of its assets. Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect. Trademarks. RelaGrav, Verbistro, the RelaGrav logo, the Verbistro logo, and other RelaGrav logos and names are trademarks of RelaGrav, LLC. You agree not to display or use these trademarks in any manner without prior, written consent of RelaGrav, LLC.
16. Contact Us
17. Contest Rules and Regulations
The rules and regulations of the contest are as follows:
- This contest is only open to residents of the United States at this time.
- There are no entry fees to enter this contest. The only requirement to enter is that you have an account with Verbistro so that you may start posting. Participants may register for an account at verbistro.com.
- The contest will run until November 30, 2016 at 11:59pm CST.
- Verbistro is not responsible for posts that aren't successfully submitted by the deadline, whatever the reason may be.
- Winners will be chosen based on the amount of materials they post. Materials must be of monetary value. Free materials posted will not qualify. All materials must be of high quality which will be vetted by our team of experienced ESL teachers.
- The winner will be notified by email within 14 days of the closing date.
- Winner will be contacted via email for their mailing address and any additional information that may be needed. The prize will be mailed to the given address.
- No cash alternative to the prize will be offered. The prize is not transferable. Prizes are subject to availability and we reserve the right to substitute the prize with another of equivalent value without giving notice.
- The winner agrees to the use of his/her name and image in any publicity material. All other information is confidential and will not be disclosed to the public.
- Verbistro’s decision in respect of all matters to do with the contest will be final.
- Entry into the contest will be deemed as acceptance of these terms and conditions.
- This contest is in no way sponsored, endorsed, or administered by Facebook or any other Social Network. You are providing your information to Verbistro and not to any other party.
Last Updated: October 24, 2016