Terms of Service
1. Description of Service
The Sugarcane Service provides users with access to online services that allow you to create games and data sets over the Internet and share them with others. Unless explicitly stated otherwise, any new features that augment or enhance the current services, shall be subject to the Terms of Service (TOS). You understand and agree that all services are provided "AS-IS" and that IXL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. Your Registration Obligations
In consideration of your use of the Sugarcane Service, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or IXL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, IXL has the right to suspend or terminate your account and refuse any and all current or future use of IXL's services (or any portion thereof).
3. Member Account, Password, and Security
You will have a password and account designation upon completing the Sugarcane Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify IXL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IXL cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Sugarcane Service accounts may not be shared by more than one person unless express authorization is given by IXL Learning, Inc.
4. User Content
“Content” refers to all information including but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks and other materials.
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IXL, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Sugarcane Service.
You agree not to use the Sugarcane Service to post objectionable Content. IXL shall have the right to remove any such objectionable Content or Content that otherwise violates the TOS, and to terminate the accounts of those that violate the TOS. IXL considers objectionable Content to include, but not be limited to, the following:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexual, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Content that harms minors in any way;
- Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
- any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You retain ownership of all Content that you post, upload, input, provide, or submit to the Sugarcane Service. When you elect to post, upload, input, provide, or submit to the Sugarcane Service, you grant IXL the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Recognizing the global nature of the Internet, you agree to comply with all local, national, and international rules, laws, and regulations regarding online conduct and acceptable Content.
IXL does not control or pre-screen the Content posted via the Sugarcane Service and, as such, does not necessarily endorse such Content and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will IXL be liable in any way for any Content, including, but not limited to, for any errors, omissions, or offensiveness in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Sugarcane Service. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Sugarcane Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Third-Party Links
The Sugarcane Service may contain links to other Internet websites or resources. Because IXL has no control over such sites and resources, you acknowledge and agree that IXL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IXL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
6. IXL's Proprietary Rights
You acknowledge and agree that the Sugarcane Service and any necessary software used in connection with the Sugarcane Service ("Software") contain proprietary and confidential information that is protected by applicable copyright, trademark, and other laws. You further acknowledge and agree that information presented to you through the Sugarcane Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This includes the Sugarcane name, logo, and domain. Except as expressly authorized by IXL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sugarcane Service or the Software, in whole or in part.
IXL grants you a personal, non-transferable and non-exclusive right and license to use the Sugarcane Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Sugarcane Service by any means other than through the interface that is provided by IXL for use in accessing the Sugarcane Service.
7. Copyright Policy
IXL respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IXL with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices of alleged copyright infringement can be sent to our copyright agent as follows:
Attention: Copyright Agent
777 Mariners Island Blvd.
San Mateo, CA 94404
By email: [email protected]
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Sugarcane Service, use of the Sugarcane Service, or access to the Sugarcane Service.
9. Modifications To Service
IXL reserves the right at any time to add or remove features to the Sugarcane Service, or discontinue the Sugarcane Service (or any part thereof) with or without notice. You agree that IXL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that IXL, in its sole discretion, may terminate your access to the Sugarcane Service, for any reason, including, without limitation, for lack of use or if IXL believes that you have violated or acted inconsistently with the letter or spirit of the TOS. IXL may also in its sole discretion and at any time discontinue providing the Sugarcane Service, or any part thereof, with or without notice. You agree that any termination of your access to the Sugarcane Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that IXL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sugarcane Service. Further, you agree that IXL shall not be liable to you or any third-party for any termination of your access to the Sugarcane Service.
You agree to indemnify and hold IXL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Sugarcane Service, your use of the Sugarcane Service, your connection to the Sugarcane Service, your violation of the TOS, or your violation of any rights of another.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SUGARCANE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IXL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IXL MAKES NO WARRANTY THAT (i) THE SUGARCANE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SUGARCANE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUGARCANE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SUGARCANE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SUGARCANE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IXL OR THROUGH OR FROM THE SUGARCANE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IXL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IXL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SUGARCANE 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 SUGARCANE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SUGARCANE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SUGARCANE SERVICE.
14. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. General Information
The TOS constitute the entire agreement between you and IXL and govern your use of the Sugarcane Service, superseding any prior agreements between you and IXL. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and IXL shall be governed by the laws of the State of California without regard to conflict of law provisions. The failure of IXL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.