Term of Use

  1. TERMS AND
    CONDITIONS

 

Please Read These Terms Carefully Before Using this Service 

The contents on this website http://www.edhero.com (the "site") are provided by “EdHero.”­ (herein after
referred to as “EdHero “We” “Us”). EdHero is an educational marketplace/platform for
users to buy and sell digital education materials. This agreement is a legal contract between users (herein after referred to as “you”) and us. By using this site, you agree to these terms (“Agreement”) and also the Privacy policy which explains how we collect and use your personal information. If you
do not agree to them, please do not use the site or access the service from it. 

1.    ACCEPTANCE OF TERMS 

EdHero is an online platform/web portal which enables Teachers and Curriculum Creators to locate each other, collaborate, develop digital course content, buy/sell materials and communicate. Your use of the web
portal is conditional on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Site by EdHero (collectively, the "Terms and Conditions”). The following Terms govern your access to and use
of our Service and supersede all prior or contemporaneous agreements
between you and us. Your subscription and use
of the Service constitutes your agreement to all such Terms. These Terms may be
updated by us from time to time with prior notice to you.   

The words "use" or "using" in this
Agreement, means any time a User (a person visiting/using the content/service
of the site), directly or indirectly, with or without the aid of a machine or
device, does or attempts to access, interact with, use, display, view, print or
copy from EdHero  Services (see clause 3
below), transmit, receive or exchange data or communicate with EdHero  Services, or in any way utilizes, benefits,
takes advantage of or interacts with any function, service or feature of EdHero  Services, for any purpose whatsoever. 

Unless explicitly stated otherwise, these Terms will govern
the use of any new features that augment or enhance the current Services,
including the release of new EdHero resources and services.

 2. REGISTRATION

To use our web portal services, you must register as a Member. When you
register, you agree to provide true, accurate and complete information about you
including your PayPal/Stripe
account information. Your registration will be complete and you will be able to
access the services once we receive your email from your registered email id
accepting the Terms and Conditions. Registration with EdHero is free. EdHero
does not reveal or share your personal information without your consent. Please
see our Privacy Policy at www.edhero.com/privacy for further details. 

3. THE
SERVICE

The EdHero website including all content (“Content”)
available through the EdHero domain name, (the "Site") is owned and
operated by EdHero.

EdHero is an
online platform that allows Teachers and Curriculum
Creators to interact, collaborate and communicate, buy/sell/download, lessons/units/courses of educational
materials including professional development courses which meet their
requirements. Once
the registration is complete, you can upload lessons/units/courses of educational materials created by you; buy and sell
such materials; collaborate with others to create materials.

You will be solely responsible for any transaction
undertaken using EdHero. Hence, please use your own judgment for undertaking
any transaction.

In case of collaboration with other Teachers and
Curriculum Creators, EdHero may track the collaboration hours and issue
“Collaboration Certificates” which can be used by Teachers to account for
yearly professional development hours.

You also understand and agree that the Services may include
certain communications from EdHero such as service announcements,
administrative messages and updates. 

4.   CONTENT 

EdHero web portal content comprises graphics, text, photographs, images,
video, audio, software, code, website compilation supplied by us or our
licensors. EdHero portal also comprises of content uploaded by its users. All
such content is protected by Intellectual Property Laws and Copyright Laws
concerned. Unless otherwise stated, EdHero and/or its licensors own the
intellectual property rights for all materials on EdHero. All intellectual property rights are reserved. You
can only use the content as per the terms herein.  You must not republish, reproduce, duplicate
or copy, sell, rent or sub-license any materials from EdHero. 

User Content refers to content or information that you
submit to EdHero including the materials posted on this site, your
feedback/comments, etc. You retain the Intellectual Property Right or Copyright
to your Content. By submitting user content to EdHero, you grant us a
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to reproduce, prepare derivative works, distribute copies, perform, or
publicly display your user content in any medium and for any purpose, including
commercial purposes, and to authorize others to do so. You agree that you have
the right to submit anything you post, and that your user content does not
violate the copyright, trademark, trade secret or any other personal or
proprietary right of any other party. We do not expressly or implicitly
endorse, and we do not assume any liability for any user content submitted by
you. EdHero reserves the right to monitor all Comments and to remove any
Comments which it considers in its absolute discretion to be inappropriate,
offensive or otherwise in breach of these Terms and Conditions. 

5. MODIFICATIONS 

EdHero reserves the right to modify or discontinue - any of
the provisions of this Agreement, all or part of the Service, temporarily or
permanently, with or without notice to you, and is not obligated to support or
update the Service. The amended Terms of Service of this agreement shall be
effective immediately after they are initially posted on the Site. Your
continued use of the Service after the posting of the amended Terms on the Site
constitutes Your affirmative: (a) acknowledgement of the Terms and its
modifications; and (b) agreement to abide and be bound by the Terms, as
amended. You acknowledge and agree that EdHero shall not be liable to You or
any third party in the event that EdHero exercises its right to modify or
discontinue all or part of the Service. You are responsible for being familiar
with any changes or modifications to these Terms and Conditions. You can review
the most current version of the Terms at any time at: www.edhero.com/terms.

6. INTELLECTUAL PROPERTY

EdHero
logo and names trademarked which are used in this site, Materials
uploaded/posted on the site, shall belong to EdHero or to the respective
owners. You shall not use these Names, Logos, Trademarks or materials without
the written permission of EdHero/user concerned. You confirm that the materials
uploaded/posted by you do not infringe the intellectual property of any third
party. EdHero grants
you permission to use the Site for the services as provided herein and in
accordance with these Terms and Conditions and solely for your own personal,
non-commercial use (except as provided herein), provided you do not remove any
trademark, copyright or other notice contained on such pages.

7.   USE 

By electing to use these services; (a) you warrant that all
information you submit is current, true and accurate; (b) you agree to update
this information; (c) you agree not to use the Services for any unlawful
purpose. 

You confirm that you are of legal age (as defined by the
laws of your country) to use the services. You also represent that you are not
a person barred from using our Services under the laws of your country or other
applicable jurisdiction. If you provide any information that is untrue, inaccurate,
not current or incomplete, or if EdHero has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, EdHero has
the right to suspend or terminate your account and refuse any and all current
or future use of the Services (or any portion thereof). 

You agree not to use EdHero's services for any purpose
that violates the academic honesty policy or other conduct policies of your
school, university, academic institution or workplace. 

8.  PAYMENT 

Registering for the services and posting profiles by Teachers
and Curriculum Creators on the site is free. You agree to abide by EdHero’s
payment policy. At the time of downloading the materials, Buyer must pay EdHero
the amount indicated on the site to purchase any course/unit/lesson. The amount
will be released by EdHero to the Teachers and Curriculum Creators concerned,
on a monthly basis before 5th of the succeeding month, after
retaining its service fee.

OR

At the time of downloading the materials, Buyer must pay to
the Teacher and Curriculum Creator concerned, the amount indicated on the site
to purchase the course/unit/lesson. The Teacher and Curriculum Creator shall
remit to EdHero, its service fee immediately after receiving the payment. 

All payments shall be made and accepted through
PayPal/Stripe. 

9.   CONDUCT/LAWFUL USE 

You agree that use of the site is subject to all applicable
International, National, State, and Local laws and regulations. You agree to
abide by these laws and are solely responsible for the content of your
communications through the Service. You agree to use EdHero for lawful purposes
only. 

You agree:

a. not to use EdHero for illegal purposes;

b. not to interfere or disrupt networks connected to the EdHero,
introduce malicious codes;

c. to comply with all regulations, policies and procedures
of networks connected to EdHero;

d. not to resell or transfer your access to the service to
any third party;

e. not to restrict any other visitor from using the service,
or make it difficult to use the service;

f. to act responsibly,
treat other website Users with respect and not violate their rights, delete or
edit the content posted by them on EdHero;

g. not to modify, adapt, sublicense, translate, sell, reproduce, make unauthorized
commercial use, distribute copies or publicly display any portion of the
Service or any part of the Website content except as permitted;

h. not to harvest or collect
information about Customers of the service without their express consent;

i. not to solicit personal information from
any one under the age of 18;

j. not to post any graphics, text,
photographs, images, video, audio or other material that we deem to be
inappropriate or abusive,  junk or spam,
violate intellectual property of any individual/firm/ Company/any other entity;

k. not to sell any goods or services for any
commercial purpose on the Site that are not appropriate or relevant to the
Site;

l. not to impersonate another person or allow any
other person or entity to use your user name, password or membership. 

In case of any violation of these Terms, EdHero reserves the
right to suspend/terminate your account, remove all your content, seek all
remedies available by law and in equity for such violations.

10.   COPYRIGHT POLICY 

10.1 Notification of Copyright
Infringement

EdHero respects your Intellectual
Property Rights and has a policy to respond to notices of alleged copyright
infringement that comply with the Digital Millennium Copyright Act, 1998,
available on http://www.copyright.gov/legislation/dmca.pdf. If you are a copyright owner or an
agent thereof, and you believe that any content hosted on our website http://www.edhero.com infringes your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through
mail or email, by providing EdHero‘s Designated Copyright Agent (details
mentioned below), with the following information in writing. If EdHero is
convinced about the violation, it will promptly take appropriate action by
disabling the access to such material or remove it and also termination of the
membership of those Users without notice if they are found to be “repeat
infringers.”

a.            Identification
of the copyrighted work you claim to have been infringed, or, if multiple
copyrighted works on http://www.edhero.com are covered by a single
notification, a list of such works.

b.            Identification
of the material you claim to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material. Please
provide URLs to help us locate content quickly.

c.             Sufficient
information to enable us to contact the complaining party, such as address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted.

d.            A
statement as follows: “I hereby state that I have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law”.

e.            Another
statement: “I hereby state that the information in the notification is
accurate, and under penalty of perjury, that I am the owner/ authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed”.

f.             Your
physical or electronic signature.

Please note that under Section
512(f) of the DMCA, any person who knowingly materially misrepresents that
material or activity is infringing may be subject to liability.

 

10.2 Counter-Notification

If you are the owner of the
allegedly infringed material and if you elect to send us a counter notice; in
order to enable us to take cognizance of your notification, it must be in
writing and must include the following:

1.            A
physical or electronic signature of the member.

2.            Identification
of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to
it was disabled.

3.            A
statement under penalty of perjury as follows: “I have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled.”

4.            Another
statement: “I consent to the jurisdiction of the Courts for the judicial
district ________________, or (if the subscriber’s address is outside of the
United States) courts located at ____________ in which http://www.edhero.com may be accessed, and that the subscriber will accept
service of process from the person who provided notification or an agent of
such person”.

5.            The
member’s name, address, and telephone number.

Please note that under Section
512(f) of the DMCA, any person who knowingly materially misrepresents that
material or activity was removed or disabled by mistake or misidentification
may be subject to liability.

You may submit your Counter Notification
by sending it to our Designated Agent by mail or e-mail as set forth below. 

10.3 Designated Copyright Agent

You can send your notifications and
counter-notifications of claimed infringement to Edhero.com‘s Designated
Copyright Agent who can be reached as below:

Attention: Copyright Agent

Edhero.com [INSERT ADDRESS]

Email: [INSERT EMAIL ADDRESS] 

You acknowledge that if you fail to
comply with all of the requirements, your DMCA notification may not be valid. 

11.   LINKS

You can link your EdHero account to your accounts in social
media platforms and share the information added in other social media
platforms. However, if you link your account on this site through any of your
online accounts with a third party service provider and log in using third
party account information, you represent that you are entitled to disclose your
Third Party Account login information to EdHero and/or grant EdHero access to
your Third Party Account without any obligation to EdHero. 

12.   LIMITATION OF LIABILITY 

As a condition of use of the Service, and in consideration
of the services provided by EdHero, You agree that neither EdHero, nor any
officer, affiliate, director, shareholder, agent, contractor or employee of EdHero  will be liable to You or to any third party
for any direct, indirect, incidental, special, punitive, or consequential loss
of profits, loss of earnings, loss of business opportunities, damages,
expenses, or costs resulting directly or indirectly from any materials
purchased or obtained or transactions entered into through the site or
resulting from unauthorized access to, deletion or alteration of your
transmissions or data or failure of the site to store your transmissions or
data, or otherwise arising in
connection with the Service, Site or Content even if EdHero  has been advised of the possibility of such
damages.
 

You specifically acknowledge that EdHero shall not be liable
for your materials/submissions or the defamatory, offensive, or illegal conduct
of any third party and that the risk of harm or damage from the foregoing rests
entirely with you. 

EdHero makes no representations that the EdHero Site is
appropriate or available for use in other locations. Those who access or use
the EdHero Site from other jurisdictions do so at their own volition and are
responsible for compliance with local law.

 

13.   DISCLAIMER OF WARRANTIES 

EdHero is only a platform for Teachers and Curriculum
Creators. EdHero does not warrant that the site content, materials, information
or other items contained within the materials posted by Teachers and Curriculum
Creators will be accurate and complete.  We are not responsible for any
decisions you make based on content you read on EdHero. EdHero service is provided on an "as is" basis
without any express or implied warranty of any kind including warranties of
merchantability, or non-infringement of intellectual property. In no event
shall EdHero be liable for any damages whatsoever (including, without
limitation, damages for loss of profits, business interruption, loss of
information) arising out of the use of or inability to use the materials; any
unauthorized access to or use of our secure servers and/or; any and all
personal information and/or financial information stored therein; any bugs,
viruses, trojan horses, or the like which may be transmitted to or through our
site by any User or other third party, and/or; any errors or omissions 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 EdHero site. 

EdHero does not warrant that its service will be secure or
uninterrupted, or the materials, information, text, graphics or other items
contained within these materials will be accurate and complete.  EdHero may make changes to these materials at
any time without notice. EdHero makes no commitment to update the Materials. No
oral advice or written information given by EdHero, its employees, licensors or
the like, will create a warranty; nor may you rely on any such information or
advice. 

You also understand and agree EdHero neither confirms nor denies the validity of
information provided by Users. You understand and agree to make your own
decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY
AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS. 

EdHero is not responsible
for any problems or technical malfunction of any communication network or
lines, computer online systems, servers or providers, computer equipment,
software, failure of any email due to technical problems or traffic congestion
on the Internet or on any of the EdHero Services
or combination thereof, including any injury or damage to You or to any person's computer related to or
resulting from participation or downloading materials, in connection with the EdHero  Services.

EdHero shall not be responsible or liable for any type of
issues between collaborators, buyers and sellers, and also those resulting from
any of your service providers like internet, email, etc. which are beyond our
control.

14.   INDEMNIFICATION 

You are responsible for any content uploaded/posted by You
on EdHero website or your actions in using EdHero. You will defend, indemnify
and hold harmless EdHero and its affiliates, directors, officers, employees,
proprietors, independent contractors, consultants, partners, shareholders,
representatives, Customers, agents, predecessors, successors, and permitted
assigns from and against any claim, suit, demand, loss, damage, expense
(including reasonable attorneys' fees and costs) or liability that may result
from, arise out of or relate to: (a) acts or omissions by You arising out of or
in connection with this Agreement; (b) intentional or negligent violations by You
of any applicable laws or governmental regulation, (c) contractual relations
between You and other user/a third party; or (d) infringement of intellectual
property rights including, but not limited to, rights relating to patent and
copyright.  

This indemnification obligation will survive these Terms and
Conditions, and your use of the EdHero Site. 

15.   CONFIDENTIALITY 

During the course of engagement with
EdHero, You may directly or indirectly obtain certain confidential information
of EdHero, including without limitation technical, contractual, product,
program, pricing, marketing and other valuable information that are considered
as confidential ("Confidential Information"). You must hold
Confidential Information in strict confidence. All right, title and interest in
the Confidential Information remains with EdHero. 

This obligation shall not apply to
information which is (i) in the public domain, (ii) already known to you and you
can show that you were in possession of such information prior to receipt of
such information from EdHero, (iii) developed independently by you without the
benefit of any confidential information of EdHero, (iv) received from a third
party without similar restriction and without breach of this Agreement or a
similar agreement, (v) required to be disclosed by an order of a court or
regulatory authority of competent jurisdiction, or (vi) required to be
disclosed by EdHero to its Client or its authorized agents or representatives in
strict confidence.

 

16. TERMINATION 

We reserve the right to suspend or terminate your right to
use our Services if the information that you provided initially to register for
our Services or subsequently modified, contains false or misleading
information, or conceals or omits any information we would likely consider
material; if we suspect that you are involved in any fraudulent
transaction.  

Any attempt to undermine or cause harm to EdHero server or
its customers, is strictly prohibited and will be subject to automatic account
termination. This includes spamming, transmission of - malware, viruses, trojan horses; or by
linking to sites and files that contain or distribute them. 

EdHero may terminate your account at any time without prior
notice, if you are in breach of the terms of this Agreement. 

17.   ENTIRE AGREEMENT/SEVERABILITY/WAIVER 

This Agreement sets forth the entire agreement between you
and EdHero in respect of this site and its contents, service, and supersedes
all prior agreements, whether written or oral, with respect to the subject
matter hereof. In the event that any provision of the Terms shall, in whole or
in part, be determined to be invalid, unenforceable or void for any reason,
such determination shall affect only the portion of such provision determined
to be invalid, unenforceable or void, and shall not affect in any way the
remainder of such provision or any other provision of the Terms. EdHero’s
failure to act with respect to a breach by You or others does not waive its
right to act with respect to subsequent or similar breaches. This Agreement
shall inure to the benefit of and be binding upon each of us and our respective
successors and permitted assigns. 

18.  ABILITY TO ACCEPT THE TERMS 

You affirm that you are either more than 18 years of age, or
an emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms and
Conditions, and to abide by and comply with these Terms and Conditions. 

19.   GOVERNING LAW 

These Terms shall be governed by and construed in accordance
with the Laws of the State of Minnesota, USA, without regard to its choice
of law provisions. In the event of any conflict between foreign laws, rules and
regulations and those of Laws of Minnesota State, the laws, rules and regulations of Minnesota shall govern. The
United Nations Convention on Contracts for the International Sale of Goods
shall not apply to these Terms. 

20.   DISPUTE
RESOLUTION
 

All disputes arising out of
or in connection with this Terms and Conditions shall be finally settled by
binding arbitration under the American Arbitration Act. The place of
arbitration shall be the STATE OF MINNESOTA. Arbitration shall be conducted in
English language. 

However, for the purpose of obtaining urgent
interlocutory or declaratory relief from a court of competent jurisdiction, a
party shall commence proceedings in a court. You
hereby consent to submit to the personal jurisdiction and venue of the courts located in MINNESOTA
State.

 

21. CONTACT US

 

Any questions
or concerns about these Terms and Conditions should be brought to our attention
by e-mail to contact@edhero.com, and providing us with information relating to
your concern.