Terms of Service and Limited Use License
b. Electronic Form. By accessing the Application and using Service, you consent to have this Agreement provided to you solely in electronic form.
c. Non-electronic Copy. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us at email@example.com or send a letter and self-addressed stamped envelope to: PO Box 1207, Manhattan, KS, 66505. Although you may request a non-electronic copy, you may not require acceptance of this Agreement to be contingent upon physical signatures, as this Agreement is effective upon the date you first access and use the Service.
d. Access and Retention. In order to access and retain this electronic Agreement, and to use the Application and the Service, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you are responsible for all equipment necessary to make such connection to the World Wide Web and to use the Application and the Service, including a computer and modem or other access device. Please print a copy of this document for your records.
e. You must be at least eighteen (18) years of age to be a Subscriber or be a User. Subscription in the Service is void where prohibited by law. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Without limiting the previous sentence, if you access and use the Application and the Service in your capacity as an agent or employee of any organization, you represent that you have actual authority from that organization to enter into this Agreement and to bind the organization to all of the terms and conditions of this Agreement.
2. License and Permitted Use of Application and Service.
Master Teacher grants the User or Subscriber for the Term (as defined in Section 4 of this Agreement) a limited, nonexclusive, nontransferable United States license to access the Application and utilize the Service to perform WebRTC testing for both load and performance and production service assurance applications, subject to the terms of this Agreement, and further provided that (i) if you are a User, your use is limited to features described on the Website as being available to Users, and (ii) if you are a Subscriber, your use is limited to features described on the Website as being available to Subscribers (“Permitted Use”). With the exception of the limited use license for Users and Subscribers described in the previous sentence, Master Teacher reserves all rights to the Application, the Service and any information posted or maintained on the Website, whether under patent, copyright, trade secret, trademark, or unfair competition law or other similar protections, and whether or not such rights are registered or perfected (the "Intellectual Property Rights").
3. Subscriber, User, and Subscription; Pricing.
You may become a User of the Service at no cost. As a User, your Permitted Use of the Application and the Service is limited to the features and services described for Users on the Website. In order to access additional features and services available to Subscribers as described on the Website, you must become a paying Subscriber. Please see the Website for a description of the current subscription plans and their prices. Please note that all subscription-related policies that are presented to you in the process of subscribing to the service (including any described in Section 10 below) are deemed to be attached and incorporated by reference into this Agreement. From time to time, Master Teacher may remove the profiles of Users not actively using the service with or without notice to such Users, which will constitute termination of the User's account and license to the Application and the Service.
a. This Agreement will remain in full force and effect from the date that you accept this Agreement until the effective date of termination as described in this Section 4 (the “Term”).
b. You may terminate your User or Subscriber account and subscription at any time, for any reason, by contacting us at firstname.lastname@example.org. You may be asked to provide a reason for your cancellation/termination. If you are a Subscriber and terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination), which shall be the effective date of termination. If you are a User and terminate your User account, the effective date of termination shall be the date we receive your notice of termination.
c. Master Teacher may terminate your User or Subscriber account and subscription at any time and for any reason (or no reason) by sending notice of termination to you at the email address you provide in your application to become a User or Subscriber, or such other email address as you may later provide to Master Teacher. If you are a Subscriber and we terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination), which shall be the effective date of termination. If you are a User and we terminate your User account, the effective date of termination shall be the date we send your notice of termination. If Master Teacher terminates your Subscriber account in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees, if any. All decisions regarding the termination of accounts shall be made in the sole discretion of Master Teacher. Master Teacher is not required to provide you notice prior to terminating your User account or Subscriber account and subscription. Master Teacher is not required to, and may be prohibited, from disclosing a reason for the termination of your account.
5. Unauthorized Use.
You will not, and will not allow any other person or entity to, use the Application or the Service for any purpose that is not specifically identified as the Permitted Use in Section 2 of this Agreement, including (but not limited to) the following:
a. Renting, leasing, loaning, selling, copying, modifying, merging, redistributing, assigning, or transferring the Application or Service or any portion thereof;
b. Permitting any person or entity other than you to use the Application or Service with your credentials without Master Teacher's advance written consent;
c. Reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, emulating the functionality, reverse compiling, reducing to human readable form, or creating derivative works of the Application, Service or Website. You may not attempt to discover the source code of the Application or otherwise modify, alter, adapt, port, or merge all or any part of the Application or Service;
d. Removing, altering, defacing, overprinting or otherwise obscuring Master Teacher's patent, trademark, service mark, copyright or other notices concerning its Intellectual Property rights in the Application, Service or Website;
e. Publishing or distributing in any form of electronic or printed communication the object code, documentation, help files, examples, benchmarks or other materials related to the Application, provided that the foregoing does not apply to WebRTC testing (load and performance and production service) findings that you create of your own resources by using the Application and the Service;
f. Tampering with the Application, Service or Website or otherwise undertaking any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Application or Service and/or any mechanisms operatively linked to the Application or Service, including any components of the Application which may embody a serial copying management system required or permitted by the laws of the United States;
g. Using the Application or Service for any unlawful, unsafe, malicious or abusive purpose, or interfering with others' use of the application or Service, or Illegal and/or unauthorized uses of the Website, Application or Service including collecting usernames and/or email addresses of Users or Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website;
h. Using the Application or Service to impersonate any other person or entity;
i. Stating or implying that any statements you make are endorsed by Master Teacher, it subsidiaries or affiliates;
j. Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Application, Service or Website or their contents;
k. Interfering with or disrupting the Application, Services or the Website or the servers or networks connected to any of the foregoing;
l. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information or Content transmitted or used on or through the Application, Service or Website;
m. “Framing” or “mirroring” any part of the Application, Service or Website without Master Teacher prior written authorization, or using meta tags or code or other devices containing any reference to Master Teacher or the Application, the Service or the Website in order to direct any person to any other web site for any purpose.
If you engage in any of these activities or other unlawful or harmful acts, Master Teacher may alert and cooperate with law enforcement (including providing your contact and other details of your use of the Application, Website and Service) and may take legal action against you, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Master Teacher, which may be revoked at any time, for any reason or no reason, in Master Teacher's sole discretion.
6. Account Security.
a. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process (also referred to as your “credentials”), and you are fully responsible for all activities that occur by use or misuse of your username and password. You agree to (i) immediately notify Master Teacher of any misappropriation or unauthorized use of your username or password or any other breach of security affecting them, and (ii) ensure that you exit from your User or Subscriber account at the end of each session. Master Teacher will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you must disable your browser or other application's auto-sign in feature with respect to your User or Subscriber account.
7. Your Content Sharing and Interactions with Other Subscribers.
a. YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATION, THE SERVICE OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, UPLOADING OF CONFIDENTIAL OR PROPRIETARY INFORMATION, INFRINGEMENT OF COPYRIGHT INTERESTS OR OTHER LAWS REGARDING RIGHTS IN INFORMATION OR CONTENT, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR ACTIONS ON THE APPLICATION, THE SERVICE OR THE WEBSITE INCLUDING WITHOUT LIMITATION THE CONTENT YOU UPLOAD AND/OR SHARE. YOU SHOULD NOT UPLOAD OR SHARE ANY CONTENT THAT CONTAINS YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) EXCEPT TO THE PAYMENT PORTION OF THE WEBSITE.
8. Content of Master Teacher.
a. Proprietary Rights. Master Teacher and its third-party providers own and retain all Intellectual Property Rights in the Application, the Website and the Service. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such item or information that is subject to such Intellectual Property Rights without advance written consent from Master Teacher or its third-party providers, which may be revoked at any time.
b. Reliance on Content, Advice, Etc. Third party opinions, advice, statements, offers, or other information or content (including without limitation any posted by a User or Subscriber) that exists on or is made available through the Application, the Service or the Website (“Third Party Content”), are the property of their respective authors and not of Master Teacher, and such authors are solely responsible for such Third-Party Content. Master Teacher does not: (i) guarantee the accuracy, completeness, or usefulness of any Third-Party Content, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any Third-Party Content. Under no circumstances will Master Teacher or its agent, affiliates or subsidiaries be responsible for any loss or damage resulting from your reliance on Third Party Content.
9. Content Posted by You using the Application, the Service or the Website.
a. You are solely responsible for any images, statements, files or other content, including without limitation User or Subscriber profiles (collectively, “Content”), that you publish, upload to, or share (hereinafter, “post”) using the Application, Service or Website, or transmit to other Users or Subscribers. You will not post on the Application, Service or Website, or transmit to other Users or Subscribers, Content that:
i) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
ii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
iii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
iv) promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
vi) harasses or advocates harassment of another person;
vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Subscribers;
x) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
xi) that will interfere with the operation or use of the Application, Service or Website, that contains any virus or malicious code;
xii) is inaccurate or false. If information provided to Master Teacher, or another User or Subscriber, in a post subsequently becomes inaccurate or false, you will promptly notify the affected Users and Susbscribers and Master Teacher of such change.
Master Teacher reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the User account or Subscriber account of such violators.
b. You understand and agree that Master Teacher may review and delete in whole or part any Content that in the sole judgment of Master Teacher violates this Agreement.
c. By posting Content to any area of the Service, you thereby grant, and you represent and warrant that you have the right to grant, to Master Teacher, its affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, and distribute such Content on the Application, Service or Website, or any other resource and in any format, whether now existing or developed in the future. You further represent and warrant your posting and use of your Content does not infringe or violate the Intellectual Property Rights of any third party.
d. You agree to use the Application, Service and Website in accordance with any and all applicable laws and regulations.
e. All information you include in your Subscriber profile must be accurate, current and complete.
10. Modifications to Service; Update, Upgrades and Customization; Options in Event of Actual or Potential Claim.
a. Master Teacher or its third-party providers reserve the right at any time to modify or discontinue, temporarily or permanently, the Application, the Service or the Website (or any part thereof) with or without notice. You agree that Master Teacher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application, the Service or the Website.
b. Master Teacher or its third-party providers may (but are not required) to prepare new releases or versions of the Application, the Service or the Website, or to create updates, upgrades, or perform customization of any one or more of these. All new releases, versions, updates, upgrades, or customization of any kind shall be owned exclusively by Master Teacher or its third-party providers.
c. If in the opinion of Master Teacher or its third party providers, any aspect of the Application or the Services is likely to become the subject of a third party claim of infringement, or at any time during the course of any claim or litigation against Master Teacher or its third party providers concerning the Application or the Services, Master Teacher or its third party providers will have the option, at their discretion, to: (i) replace any element (or all) of the Application or the Services with a non-infringing element, or; (ii) modify the Application or the Services so that they are no longer infringing, or; (iii) procure for you the right to continue using the Application or the Services, or; (iv) terminate this Agreement and/or your subscription.
11. Blocking of IP Addresses.
In order to protect the integrity of the Service, Master Teacher reserves the right at any time in its sole discretion to block Subscribers or Users originating from certain IP addresses or ranges from accessing the Application, the Service or the Website.
12. DMCA Safe Harbor Notice and Policy.
If you believe that your work has been copied and posted on the Service or Website in a way that constitutes copyright infringement, please provide our Copyright Agent 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 or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the materiaIf you believe that your work has been copied and posted on the Service or Website in a way that constitutes copyright infringement, please provide our Copyright Agent 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 or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and email address; a written 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. Master Teacher and its third party providers' Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com or PO Box 1207, Manhattan, KS, 66505.
This contact information is for inquiries regarding potential copyright infringement only. We may suspend Users or Subscribers who infringe third party Intellectual Property Rights, and we may terminate the accounts of Users or Subscribers who (in our reasonable discretion) are repeat infringers.
13. User and Subscriber Disputes.
You are solely responsible for your interactions with other Master Teacher Users and Subscribers. Master Teacher reserves the right, but has no obligation, to monitor disputes between you and other Users or Subscribers.
14. Privacy and Communications.
Master Teacher is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether posted by Users, Subscribers or by any of the equipment or programming associated with or utilized in the Service, Website or Application. Master Teacher assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Subscriber communications. Master Teacher is not responsible for any outages, delays, problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, or any other casualty, accident, act of God or other act or condition whatsoever beyond the reasonable control of Master Teacher, including without limitation loss, injury or damage to Users and/or Subscribers or to any other person's data, computer or other equipment or resource related to or resulting from access to or use of the Website, Application and/or the Service. Under no circumstances will Master Teacher or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage resulting from anyone's use of the Application, the Website or the Service, any Content posted on the Website or Service or transmitted to Users or Subscribers, or any interactions between any person or entity using the Application, the Website or the Service, whether online or offline. The Application, the Website and the Service are provided “AS-IS” and Master Teacher expressly disclaims any warranty of any kind with respect to them, including without limitation merchantability, fitness for a particular purpose or non-infringement. Master Teacher cannot guarantee and does not promise any specific results from use of the Application, the Website and/or the Service, and Master Teacher does not represent that use of the Application, the Website and/or the Service will meet Client's requirements. Without limiting any other term in this Agreement, Master Teacher makes no warranty that the use of the Application, Service or Website will be uninterrupted, timely, secure or error-free, that any errors in the Application, Service or Website will be corrected, or that the Application, Service or Website will be free from (or not susceptible to) viruses, worms, Trojan horses, or other malicious code or exploits.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Master Teacher has no control over such sites and resources, you acknowledge and agree that Master Teacher 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 Master Teacher 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 the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
17. Limitation on Liability.
a. Master Teacher shall not be liable to you, your principal (if you are using the Application, Service or Website as the agent of another party), your and its subsidiaries, affiliates, officers, agents, and other partners for any consequential, special, indirect, incidental, punitive or exemplary losses or damages sustained by you or them, irrespective of whether under contract, tort or otherwise (including, without limitation, loss of profits, loss of revenues, loss of customers or damage to reputation or goodwill) even if you have been advised of the possibility of such damages. Master Teacher's total, aggregate liability to you, your principal (if you are using the Application, Service or Website as the agent of another party), your and its subsidiaries, affiliates, officers, agents, and other partners for all damages for any and all claims, losses, or causes of action whatsoever, regardless of the form of the action, shall be limited to direct damages that do not exceed: (i) if you are a Subscriber, the total amount payable by you to Master Teacher for services provided to you during the first calendar year that you are a Subscriber, or (ii) if you are a User, the sum of $500. The previous two sentences do not apply to any intentional misconduct or gross negligence of Master Teacher.
b. You shall not be liable to Master Teacher, its subsidiaries, affiliates, officers, agents, and other partners for any consequential, special, indirect, incidental, punitive or exemplary losses or damages sustained by them, irrespective of whether under contract, tort or otherwise (including, without limitation, loss of profits, loss of revenues, loss of customers or damage to reputation or goodwill) even if you have been advised of the possibility of such damages. If you are a Subscriber, your total, aggregate liability to Master Teacher for all direct damages for any and all claims, losses, or causes of action whatsoever, regardless of the form of the action, shall not exceed the total amount payable by you to Master Teacher for services provided to you under this Agreement. The previous two sentences do not apply to (a) any intentional misconduct or gross negligence of you or your principal or agents; (b) your breach of any term of this Agreement, including without limitation any interest, fees or attorney fees and costs of collection under Section 10.b, and; (c) your obligations to indemnify Master Teacher under this Agreement.
18. U.S. Export Controls.
The Application is further subject to United States export controls. The Application may not be downloaded from the Website or copied from any other resource or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Arbitration and Governing Law.
a. Court Proceedings. Master Teacher and you agree that any action or dispute for or arising out of this Agreement or your access to or use of the Application, Services and/or the Website shall be filed exclusively in the Kansas State Court located in Olathe, Kansas or the United States District Court for the District of Kansas at Kansas City, Kansas, as applicable under prevailing rules of subject matter jurisdiction, and be tried solely by a judge without a jury. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts described in the previous sentence, waive your right to jury trial in any such action, and waive any claim or defense that such jurisdiction or forum is not convenient or proper. This paragraph does not, however, prohibit the parties from attempting to resolve disputes informally prior to instituting court proceedings.
b. Governing Law. This Agreement, and any action or dispute between you and Master Teacher, shall be governed by the laws of the state of Kansas without regard to principles of choice of law or conflicts of law.
20. Indemnity by You.
You agree to indemnify and hold Master Teacher harmless from any loss, liability, claim, or demand, due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations set forth above, including without limitation paying Master Teacher's reasonable attorney's fees of defending such loss, liability, claim, or demand. Your indemnity obligation shall include defending Master Teacher against any third-party action, claim or suit arising out of any matter described in the previous sentence, at your sole expense, and paying any settlement or judgment in such action, claim or suit.22. No Third-Party Beneficiaries.
You agree that there shall be no third-party beneficiaries to, or entitled to enforce or sue Master Teacher for breach of, this Agreement.
21. Other Provisions.
a. This Agreement contains the entire agreement between you and Master Teacher regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
b. Neither party may use the name, trademark or logo of the other party in any sales, marketing, press release, advertisement or other publication, or make any public statement relating to such other party or its respective affiliates, without the prior written consent of such other party, which shall not be unreasonably upheld.
c. The following provisions of this Agreement shall survive its termination: Sections 7,8, 9.c., 10.b., 12, 13, 15, 16, 17, 18, 20, 21, and 22.
Please contact us with any questions regarding this agreement.