PROPRIETARY SERVICES FOR REGISTERED USERS. AI Master operates an electronic platform/system that enables students, instructors, tutors and administrators of educational institutions to access and use certain online textbooks, products and services offered by AI Master (the "Services") through the Site. There are preview sections of material on this Site that includes general non-proprietary information available to all users of the Site, but in order to get full access and use the Services you will be required to register on the Site.
INTELLECTUAL PROPERTY. AI Master is the owner or licensee of the content and/or information on the Site and is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site. Except as otherwise expressly provided herein, Your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. You agree that you will not a) distribute or disclose the Services or content appearing therein to third parties that are not Registered Users; (b) create or encourage the creation of derivative works, modifications, or adaptations of the Services or content appearing therein; (c) decompile, reverse engineering or disassembling the Services or any code consisting thereof, (d) remove or modify any proprietary marking or restrictive legends placed on the in the Services or content contained therein or (e) using any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Services or content contained therein.
AI Master does not review all communications and materials posted to or created by users accessing the Services (hereinafter, "User Generated Content"), and is not in any manner responsible for the content of the User Generated Content. We reserves the right to block or remove communications or materials that it determines to be in violation of our Community Guidelines or is offensive or otherwise unacceptable to AI Master in its sole discretion.
You own the rights to anything you post to the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us, in any media now known or hereafter devised.
COMMUNITY GUIDELINES. While using the Site and the Services, you agree not to:
You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds or which you post in community forums, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear even after your User Generated Content is removed or your account is terminated. When you share your User Generated Content to sites on other platforms, you are agreeing to share such information and consenting to its publication according to the terms and conditions of those platforms.
AVAILABILITY OF SITE AND SERVICES. AI Master recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and Services and accordingly, you agree that you shall not hold the AI Master liable for delays that are ordinary in the course of Internet use. You further acknowledge and accepts that the Site and Services will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Site.
NO WARRANTIES. WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SITE OR THE SERVICE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE’S CONTENT, AND THE SERVICE AT YOUR OWN RISK. THE SERVICE AND INFORMATION ON THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, AI Master EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. AI Master IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. AI Master RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AI Master, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH AI Master OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AI Master HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR SERVICES) AND IN NO EVENT WILL IT EXCEED $50. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
You agree that any cause of action related to or arising out of your relationship with AI Master must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
THIRD PARTY WEBSITES. The Site may contain links to third-party websites ("Third Party Websites"). We are not responsible for the content of any linked Third Party Websites and do not make any representations regarding the content or accuracy of materials on such Third Party Websites.
RESTRICTIONS. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users under thirteen (13) years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email@example.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
INDEMNIFICATION. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, service providers, and assignees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the AI Master content, the Site, or the Service. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. AI Masters shall indemnify, defend and hold harmless Registered Users from and against any and all liabilities, claims, demands, losses, damages, costs and expenses, including reasonable attorneys' fees, related to or arising out of any claim by a third party that the Services infringes or misappropriates the intellectual property rights of any third party.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. AI Master respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, AI Master has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of AI Master’ Site and Services who are repeat infringers. AI Master may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to AI Master’ designated copyright agent at: firstname.lastname@example.org or 6496 Weathers Pl. Suite 210, San Diego, CA, 92121.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by AI Master’ copyright agent, AI Master may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the AI Master’ discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
COMPLIANCE WITH APPLICABLE LAWS. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
TERMINATION OF THE AGREEMENT. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE Communications made through the AI Master’ Site and Services’s e-mail and messaging system, will not constitute legal notice to AI Master or any of its officers, employees, agents or representatives in any situation where notice to AI Master is required by contract or any law or regulation.
CALIFORNIA CONSUMER NOTICE. Under California Civil Code Section 1789.3, California users of AI Master’ services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
MISCELLANEOUS. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Communications to AI Master," "No Warranties," "Indemnification," "Termination of the Agreement," and "Miscellaneous." Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.