Last Updated Date: August 30th, 2016
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
The Services include, but are not limited to, a learning management system that entities (“ENTITIES”) may subscribe to and provide to their instructors and learners (“INSTRUCTORS” and “LEARNERS”) in connection with courses (each, a “COURSE”). Instructure provides an account that enables a designated User to manage the Services, manage Learner and Instructor access to the Services, and provide general support on behalf of an Entity. “User” means any user of the Services, including Learners, and Instructors.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY INSTRUCTURE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Instructure will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing User. Instructure may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. USE OF THE SERVICES AND INSTRUCTURE PROPERTIES. The Website, the Services, and the information and content made available (“CONTENT”) by Instructure on the Website and in the Services (collectively, the “INSTRUCTURE PROPERTIES”) are protected by copyright laws throughout the world. Subject to the Terms, Instructure grants you a limited license to reproduce portions of the Instructure Properties for the sole purpose of using the Services for your personal purposes or, in the event you are an Instructor, your educational purposes.
1.1 APPLICATION LICENSE. Instructure also provides a mobile application (the “APPLICATION”) for use with the Services. Your use of the Application is governed by the End User License Agreement that accompanies the Application in the marketplace where you download it.
1.2 CERTAIN RESTRICTIONS. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Instructure Properties, (b) you shall not use framing techniques to enclose any trademark, logo, or other Instructure Properties; (c) you shall not use any metatags or other “hidden text” using Instructure’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Instructure Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the Instructure Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Instructure Properties. Any future release, update or other addition to the Instructure Properties shall be subject to the Terms. Instructure, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Instructure Properties terminates the licenses granted by Instructure pursuant to the Terms.
2. REGISTRATION. In order to access certain features of the Instructure Properties you must create an account (“ACCOUNT”). Certain features are only available to Instructor Accounts.
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