Terms Of Use

Welcome to Unicko, the advanced collaboration platform for modern education (the “Service”, as more fully described below).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR ENTITY ACCESSING OR USING THE SERVICE, AND US. BY ACCESSING THE SERVICE OR BY USING IT IN ANY OTHER MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE IN ANY OTHER MANNER.

About the Service

The Service offers online tools that virtualize teaching and other education related activities, including online group and personal classes, one-on-one meetings, work group studying, webinar presentations and demonstrations.

We offer you to use the Service, either directly through our online web interface (website and other applications, as we may offer), and through an embedded or otherwise linked interface with external websites.

From time to time, we may modify or enhance our Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.

If you are a staff member of an educational or other institution that engaged with us to provide the Service, or a student of that institution, then we grant you the right to use the service provided that our agreement with the institution is in effect.

Grant of right

Subject to these Terms of Service and to the payment of fees, if applicable, we grant you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicenseable right to use the Service for your personal and educational purposes only. You may use the Service's tools and features that we make available, for their intended purpose only.

Except as explicitly provided in these Terms, you may not use the Service for any other purpose.

Acceptable Use of the Service

When using the Service, you agree to abide by any usage guidelines we may convey to you from time to time and by all applicable local and international laws, regulations and rules.

You further agree that you are solely responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf as well as for all consequences resulting from such acts or omissions.

You may not access or use the Service –

For or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices;
To upload, post, email, transmit, record, provide a recording or otherwise make available - a voice or audio-visual recording of any individual other than yourself, without that individual's knowledge and consent; any information and materials that infringe a third party’s right, especially privacy, publicity and intellectual property rights; software viruses, trojan horses, warms and any other malicious application to computers and networks;
To develop or create a similar or competitive product or service to the Service.

User Account

We offer the Service for registered users and guests. This section of the Terms applies to registered users only.

When you register or registered by an institution's administrator, we will ask you to provide, or receive certain contact and personal details, such as your name, your external website's user ID and the courses you are enlisted to (if you use the Service through an external website), your user type (teacher, student), email address, your image and your phone number. We will explicitly indicate the fields that are mandatory to complete. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair our ability to provide you with Service. If you do not enter the requisite data in these fields, you will not be able to register.

To login, you must provide your username and password. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.

We will not be responsible for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account as a result of compromising your details or conveying them to someone else.

You may terminate your account through your account page. If you are using the Service as an institution student, you can ask for the institution's administrator to delete your account. You can also contact us via email at: support@unicko.com and request your account termination. We may require you to verify your identity by sending us additional information, either by e-mail or through any other means, as a condition for terminating your account. Upon completion of processing your request, we will terminate your account and you will no longer be able to access the Service as a registered user.

Subject to these Terms, you may renew your registration at any time after your account has been terminated, by completing the registration process again.

Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your uploaded content and take technical and legal measures to keep you off the Service, if we determine in our sole discretion that -

you have abused your rights to use the Service; or,
you have breached the Terms; or,
you violated any applicable law, rule, or regulation; or,
you have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service; or
you shared your log-in details with another person.

Restrictions

YOU MUST NOT USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE THAT IS NOT EXPRESSLY PERMITTED BY THESE TERMS, INCLUDING BUT NOT LIMITED TO, PROVIDING THE SERVICE TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE SERVICE OR ANY PART THEREOF, WITHOUT OUR PRIOR EXPLICIT PERMISSION.

Without limiting the aforesaid, you may not –

modify any material or content we make available on the Service, except we expressly permit it;
modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service's software code;
interfere with, burden or disrupt the functionality of the Service;
circumvent, impair or manipulate the operation of the Service;
work around or circumvent any technical limitations in the Service or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
embed, frame or otherwise link directly to the Service, from any other web-page, application or other resource, without our prior written permission;
engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Service;
engage in any false, misleading or deceptive acts or practices involving the Service or your identity, agency or affiliation with any person or entity;
breach the security of the Service, or any network or server used by the Service, or identify any security vulnerabilities thereof without our prior knowledge and permission.

We may at any time, at our sole discretion and without prior notice, delete any Material from our servers, in whole or in part.

Service Fees

Some features and capabilities of the Service are fee-based. You may use them subject to purchasing one of the Service's plans, as listed in our website at: www.unicko.com.

You may pay the fees by using the methods of payments as available, published and updated from time to time on the Service, such as by a credit card or by using an online payment service (e.g., PayPal).

Fees will be regarded as paid only after your credit card issuer, or your online payment service, as applicable, has confirmed the transaction.

Payments will include taxes as applicable to the transaction that you have paid for. If you are eligible for a tax exemption, you should contact our customer support, and provide the documentation required to prove your eligibility.

You agree to pay all fees and taxes in a timely manner and in compliance with our pricing schedule and you will reimburse us for any interest and collection costs resulting from overdue payments.

You acknowledge that the Service is made available to you promptly after you have paid the Service fees and that the fees are not refundable.

We will make our best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, we will not be liable for mistakes, errors, malfunctions and miscalculations made in the course of transactions between you and other users.

Transactions with Other Users

We provide you access to payment services (e.g., PayPal, and credit card payment services, as may be available) that will facilitate your transactions with other users of the Service whether as a student or a teacher.

We are not a party to these transactions and do not determine or control their fee rates. We do not endorse, or sponsor lesson providers, or the content of their lessons. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your transactions with other users of the Service. You will defend and hold us harmless from and against any claim, suit or demand in connection with or related to these transactions, including but not limited to any fault, error, inaccuracy, delays, loss of data and any violation of the applicable law.

Requests to Remove Content

We respect the rights of our users and any other person. If you believe that your rights are abused on our Service, please contact us at: support@unicko.com. We may ask you to provide us additional information that we may need, in our discretion, to process your complaint. We will make reasonable efforts to review your complaint and respond promptly. Note that we will not respond to anonymous complaints.

Correction of Errors

We make efforts to ensure the reliability and availability of the Service. However, errors, mistakes and malfunctions may occur from time to time. Please help us maintaining a high level of service by contacting us at: support@unicko.com and reporting about these errors.

Links

The Service and our website may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.

By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.

We assume no responsibility for such third party websites or content, or their availability or for any transactions made between you and such third party websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third party websites or content.

Advertisements

We may include in the Service paid advertisements on behalf of interested vendors. By clicking the advertisements you and/or your users may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser.

We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. You and/or your users, as the case may be, are fully responsible for all communications with advertisers and to all transactions taking place subsequently. You understand that the advertisements of those vendors do not constitute a recommendation or encouragement by us, to procure the goods or services advertised.

Privacy

We respect your privacy. Please read our privacy policy, as it forms an integral part of these Terms. At all times, you can access the Service's privacy policy at: www.unicko.com/privacy/.

Intellectual Property

Except for user generated content, all rights, title and interest in and to the Service, including any articles, images, audio, video, graphic design, data and its processing, source code, markup code, and any other detail concerning the Service's operation, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, work methods, processes and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service.

Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service or any part thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without our prior, express written authorization.

Trademarks in the Service (whether registered or not), the name and logo of the Service and the Service's domain name – are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent.

We do not claim ownership over your content. However, when upload any type of content to the Service you represent and warrant that you do not violate rights of others, and you grant us permission to use such content, for the purposes of providing, developing and marketing the Service.

Changes and Availability

We may from time to time change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.

Termination of Service’s Operation

We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Service, or any part thereof. We are not obligated to give any notice prior to such discontinuation.

At any time, we may block, remove or delete any content from the Service without maintaining any backup copy.

Changes to Terms

From time to time, we may change the Terms, upon reasonable prior notice that we will post on our website or send you by email. We may change the Terms with no prior notice, if the change is necessary to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting or as required.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.

We will make efforts to have the Service running efficiently and accessible at all times. However, the Service's operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free. We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that it is safe, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in us or any other provider. Such incidents will not be considered a breach of these Terms.

Limitation of Liability

WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE THAT YOU RELY ON.

WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR OWN OR YOUR USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.

Indemnification

You will indemnify, defend and hold harmless us, our employees, directors, shareholders, advisors or anyone acting on our behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees we incur in connection with your breach of these Terms or an unlawful or tortuous action or inaction by you with respect to the Service. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.

Governing Law and Jurisdiction

These Terms, the Service, and any claim, cause of action or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts in the Tel Aviv district in Israel will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

However, if the total amount of a pecuniary relief that you seek in a claim against us is less than $10,000, then you may send us a notice to: support@unicko.com, and inform us that you wish to resolve the dispute by using a provider of an established alternative dispute resolution ("ADR").

The dispute resolution before an ADR provider is subject to a mutual agreement between you and us on the identity of the provider.

The resolution process will be conducted only by written submissions through e-mail messages or other electronic communications, or through telephone conversations, and without the need for you or our representatives to physically appear before the ADR provider.

Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.

Notices

We may contact you and send you notices via e-mail and through the Service's interface. You may contact our customer relations, by using the 'contact us' page on the Service at: www.unicko.com/contact-us/. We may publish – including on the Service - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between us will be deemed as received after one business day.

General

These Terms along with the Privacy Policy specified at: www.unicko.com/privacy/ constitute the entire agreement between you and us with respect to the use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service, except that if you are a paying customer, the Unicko Service Agreement will apply to you as well.

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly.

No Assignment

You may not assign or transfer your rights and/or obligations under the Terms. Any attempted or actual assignment or transfer by you will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.

Interpretation

The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretation purposes.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

You may contact us with any question about the Service, through the contact form at: www.unicko.com/contact-us/. We will make efforts to address your inquiry promptly.

Last Updated: November 28, 2013.