Terms and Conditions of Use
Welcome
Welcome and thank you for your interest in Viziscience! We are a Membership based service that provides our members with access to educational materials aimed at helping to improve the teaching and learning of science based subjects.
Agreement & Acceptance
This Agreement is a legally binding agreement between you, the teacher, and Viziscience.com which is owned and operated by Meerwebs LLC (“Viziscience”). This Agreement also contains our Privacy Statement.
By accessing, browsing, registering or purchasing membership or using Viziscience.com, you are acknowledging that you have read, understood and agree to be bound by the terms and conditions of this Agreement.
In order to comply with membership requirements you represent and warrant to Viziscience that:-
1) you are an individual and not a corporation;
2) you are of legal age to form a binding contract;
3) you are a teacher in a classroom setting and that all registration information you submit is accurate and truthful;
4) you will maintain the accuracy of such information;
5) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions;
6) you are at least 18 years of age or possess consent from a parent or a legal guardian to register for an account;
7) you are at least 13 years of age as the concepts explained in Viziscience are not intended for children under high school age;
8) you have not had a prior membership suspended or revoked
If you are a parent or legal guardian providing consent for your child to register with the website, you agree to be bound by the terms and conditions herein in respect of your child’s use of Viziscience.
This Agreement is subject to change at any time at the discretion of Meerwebs LLC. Use of Viziscience after such changes are implemented constitutes your acknowledgement and acceptance of the revisions and this Agreement in its entirety. If you do not agree to all the terms and conditions of this Agreement (as herein defined), you have no right to access or use the Services defined herein.
Services
“Services” shall mean any and all website material, including but not limited to text, downloads, features, media, illustrations, graphics, information or applications (“Content”) accessed or provided through Viziscience, and shall include, without limitation, any service Viziscience provides for you as part of your Membership or License.
The extent to which Services are accessible to each member (the “Agreed Services”) depends on the type and / or level of Membership that has been granted by Viziscience as defined in your Invoice.
Viziscience may change, suspend or discontinue all or any part of the Services at any time, may impose limits on certain features and services, or restrict your access to parts or all of the Services without notice or liability.
The extent of Services provided is limited to the provision of and access to materials made available through Viziscience.com and does not include actual teaching, printed materials or hardware. Internet connectivity and other internet services are also excluded from Services.
Content
Viziscience Content is intended solely for the educational use and may only be used in accordance with the terms of this Agreement. The Content provided by Viziscience is protected by copyright and other intellectual property laws.
You agree to abide by all copyright notices, trademarks, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, broadcast, publish, transmit, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever except as expressly permitted by the appropriate License provided by your Membership.
Types of Membership
Website Visitors. Agreed Services will be limited to Content that is free of charge and does not require login credentials. This includes an option to sign up for the Viziscience newsletter.
Individual Membership. Your Individual Membership, which may start with a free trial or special offer, will be on an annual basis (or as stated in your Invoice). Unless you cancel your membership or we terminate it, at the end of your membership period, should you wish to continue your membership, you will need to actively renew it. We do not automatically renew at the end of your membership term. Agreed Services will be provided as per your Invoice.
Teacher License. This membership (which may also start with a free trial or special offer) provides you with access to Agreed Services for use in a classroom or educational setting, typically on an annual basis (or as stated in your Invoice). Unless you cancel your membership or we terminate it, at the end of your membership period, should you wish to continue your membership, you will need to actively renew it. We do not automatically renew at the end of your membership term. Agreed Services will be provided as per your Invoice. This membership also allows you to grant a prescribed number of Student Licenses in accordance with your Invoice. For reference, Student Licenses are assigned by means of a token which will allow students to register and access Agreed Services. The Teacher License also grants you permission to embed certain Viziscience materials (typically concept videos) in Approved Websites (typically your school portal) for the duration of your membership.
Student License. This level of membership enables access to Agreed Services through a membership account which is associated with a Teacher License. Student Licenses are granted using a token that is issued by a teacher who has purchased a Teacher License. Each student that has been issued a token will register for Student account with Viziscience using the token and will have access to Agreed Services associated with the Teacher License. The Student account will remain valid for the duration of the associated Teacher License.
From time to time Viziscience may offer free trials or special offers, which may provide alternative levels of membership and licensing. This is entirely at Viziscience discretion.
Additional terms associated with each Teacher License
As the holder of a Teachers License, you acknowledge you are responsible for granting Student Licenses. You agree that access to Agreed Services will not be granted outside yourself, the students to whom you have assigned a Student License, their Parents and the administration of the school you are employed by (if applicable).
You acknowledge and agree to take reasonable steps to supervise students’ access and ensure that the Services are used in accordance with the conditions associated with each Student License.
You agree not to assign student or parent access in an insecure manner, or to students or parents of students who are not part of the class you are educating.
You agree not to attempt to assign more Student Licenses than have been purchased in accordance with your Purchase Agreement.
You are licensed to access the Agreed Services from a maximum of two devices simultaneously.
Certain Viziscience materials can be embedded in teacher websites or school portals. Websites and portals must be approved and pre-registered by Viziscience in order to enable access to this feature. Approval to embed materials will normally be granted providing the website or portal has reasonable user access controls in place
Additional terms associated with each Student License
A Student License provides you with access to Content and Agreed Services as an individual student under the tuition of a teacher who has been granted a Teacher License. You agree to use Viziscience in accordance with the terms and conditions herein and also with instructions provided by your teacher, providing they are not in contradiction with any of the terms and conditions in this agreement.
To obtain access to Agreed Services you must create and account and register for the service using a valid token provided by your teacher. If you are under 18 years of age you must obtain consent from a parent (or legal guardian) before registering membership and accessing Viziscience Content or Services.
You are not able to register for membership if you are less than 13 years of age.
User Credentials
You must have a membership account to have access to certain Content and Services. You agree not to share your account username and password with third parties, and to notify Viziscience immediately of any unauthorized access to or usage of your account.
Privacy Policy
Viziscience values your privacy and the need to protect our young and so we encourage parents and guardians to take an active role in their children’s online activities. Please review our privacy policy here. You can also access our privacy policy from the Viziscience front page by clicking on Privacy Policy
Your use of Viziscience and any information you provide to us are subject to the terms of our Privacy Policy.
Billing and Payments
There is no fee associated with visiting Viziscience as a website visitor or to sign up to the Viziscience newsletter.
Access to the majority of the Services requires a membership account which typically requires the payment of a membership fee as set out on the Viziscience website. Pricing may be modified at any time at the sole discretion of Viziscience and promotions or special offers may be in effect from time to time.
Membership is typically offered and purchased on an annual basis, in advance and in United States Dollars. Membership will become active once payment has been completed.
Payments are made on-line through Paypal and a Receipt will be issued which will contain important information about your membership.
Payments for Services will only be accepted from persons confirming that they are 18 years of age or older.
Following the purchase of a Teacher License, the agreed number of Tokens will be provided for the teacher to issue to students, to enable them to set up membership accounts and register their Student Licenses. Student Licenses do not have an associated fee as this is covered by the Teacher License.
For purchases made in Connecticut, USA, Viziscience may chose, at it’s sole discretion, to increase the membership price by the applicable sales tax. This will be clarified before the online purchase transaction takes place.
For purchases in all countries other than those in the European Union, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). Viziscience is unable to provide you with tax advice and you should consult your own tax advisor.
There are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to Viziscience through to the end of your current billing period, unless you request that your membership account to be deleted in which case access to your account will cease from that time.
European Union (“EU”) Users. By purchasing membership, you are confirming that you want to register your membership as active and by doing so you are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it. For avoidance of any doubt, Viziscience does not currently offer refunds. Any purchases made in the EU may be subject to value added tax (“VAT”), under applicable law. In such cases Viziscience may increase the membership price to collect the applicable VAT and then remit the VAT portion to the competent tax authorities. Viziscience may have a liability to account for VAT in the EU, however you will indemnify and hold Viziscience harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
Restrictions and other conditions
This agreement prohibits the monitoring, gathering or copying of any Content through using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
Utilizing framing techniques to capture any Content or proprietary information (including, without limitation, any images, text or page layout) is prohibited. Equally, you will not decompile, reverse engineer, or otherwise attempt to obtain the source code associated with Services or Content.
This agreement prohibits engagement in any activities through or in connection with Viziscience that seek to attempt to harm minors or that are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
Attempting to circumvent the Viziscience security systems or attempting to gain unauthorized access to Services, other accounts, computer systems or networks connected to any Viziscience server is prohibited.
Attempting to use Viziscience for any purposes other than those intended by Meerwebs, as determined by Meerwebs in its sole discretion is prohibited.
Uploading, injecting or submitting any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment is prohibited.
Engaging in any activity that interferes with a user’s access to Viziscience or the proper operation of Viziscience or impersonating any aspect of Viziscience is prohibited.
Copying, modifying or distributing Content or Services other than as permitted under the terms of your license is prohibited.
Content, Services and the functionality of Viziscience may be updated or modified at any time without prior notice.
Viziscience reserves the right to refuse registration and membership at its sole discretion.
Termination and Cancellation
You may cancel your membership at any time. You will continue to have access to the Agreed Services through the end of your membership period. However, please note that WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS OR UNUSED CONTENT OR SERVICES.
If you decide to terminate, your only remedy with respect to any dissatisfaction with Viziscience, or any term of this agreement, guidelines, any policy or practice of Viziscience, or any content or information transmitted through Viziscience, is to terminate your membership. You may terminate your membership at any time by requesting Viziscience deletes your membership account and discontinuing use of any and all parts of Viziscience.
In the event that you fail to comply with the terms and conditions contained herein or in the event that Viziscience reasonably believes that the terms and conditions herein may have been breached, Viziscience reserves the right to revoke and cancel membership, associated licenses and access to Services and Content without notice.
Third-Party Sites, Products and Services; Links
Viziscience may include links or references to other web sites or services (“Reference Sites”). Viziscience does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access to and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Disclaimers
Viziscience cannot guarantee that Content or Services are error free and Viziscience makes no representations about the technical accuracy or functionality of this website or that Content is accurate or up to date.
Membership of Viziscience or access and use of Content and/or Services does not guarantee learning results or improvements to educational grades or scores.
Viziscience makes no guarantees to provide materials to match or cover any or all of the topics or concepts for any particular grade level or science subject.
For the best user experience, Services should be accessed using an up-to-date, commonly available web browser. However, Meerwebs makes no representation or warranty for the ability of Viziscience.com to deliver Services or be fully functional or accessible through any particular web browser.
THIS SITE IS PROVIDED BY Viziscience ON AN “AS IS” AND “AS AVAILABLE” BASIS. Viziscience MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Viziscience DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Viziscience MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Viziscience, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Viziscience MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability; No Warranties
Neither Viziscience, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Viziscience be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Viziscience has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the Content, Services, products and materials available from Viziscience. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this Agreement and the parties acknowledge that Viziscience would not grant membership without your agreement to this term.
Indemnification
You agree to indemnify, hold harmless and defend Meerwebs, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Meerwebs or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Meerwebs or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, or (iii) your unauthorized use of the Content. In such a case, Meerwebs will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Meerwebs reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Intellectual Property
When accessing the Viziscience or using Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Viziscience is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You should assume that everything you see or read on Viziscience is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in the terms and conditions herein or with the written permission of Meerwebs or the owners of the Content.
Nothing posted on Viziscience grants a license to any Viziscience trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
International Use
Viziscience makes no representation that Content or Services are appropriate or available for use in locations outside the United States. Access to Viziscience from countries or territories where such access is illegal is prohibited. If you access Viziscience outside the United States you do so on your own initiative and are responsible for compliance with local laws.
Survival
If any provision or provisions of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
