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Terms of Service

  1. Definitions

  2. Privacy

  3. Ownership

  4. No Unlawful Use

  5. Account

  6. Content

  7. Copyright Claims

  8. Severability

  9. Amendments

  10. Termination

  11. Limitations of Liability

  12. Disputes

  13. Users Outside the United States

This Terms of Service (“TOS”), the Privacy Policy, and Cookie Policy are the entire and exclusive agreement between you and De Knovo Technology, LLC (“De Knovo Technology”, “we”) regarding the Services offered by De Knovo Technology. De Knovo Technology gives you a non-exclusive and non-assignable license to use Termling, which is a Service of De Knovo Technology, in consideration of you acting in the manner permitted in this agreement.

  1. Definitions

Service: De Knovo Technology is a company that develops computer applications that are intended to enhance a user’s learning experience. The applications developed could be in different forms and for different platforms, such as games, mobile applications, informational web pages, and web applications, and collectively will be called Services.

Content: Anything posted on the Services by the user is considered Content. For example, writing and making available the definition to a term is considered a Content. Another example of a Content would be writing a message to another user.

Termling: The first released web application by De Knovo Technology. The program blends traditional learning techniques, game design, and adaptive technology to enhance the user’s ability to learn vocabulary.

Generated Data: When using some Services, data will be generated as a result of using algorithm(s) on data submitted by the user. For example, when a learning assignment is generated using Termling, the answers submitted will be analyzed by algorithms and the result will be data about how the user performed. The data produced by the algorithms from Services will be called Generated Data. Generated Data is not the same as Content because Content appears as the author intended and was not generated by an algorithm programmed into the Service.

  1. Privacy Policy

De Knovo Technology takes privacy seriously, and the Privacy Policy contains information on how we handle your privacy.

  1. Cookie Policy

Cookies are used by the Services to enhance your experience, and we recommend that you read the Cookie Policy to learn why and how cookies are used.

  1. Ownership

All Services and associated material, which includes but is not limited to computer code, art, video, and promotional material, created by De Knovo Technology are copyrights and trademarks of De Knovo Technology unless otherwise stated.

Generated Data from the use of Services is owned by you and any party that requires ownership, by law, of the data. The Privacy Policy has additional information on how to manage your Generated Data. You grant De Knovo Technology a non-exclusive, royalty-free, assignable, worldwide license to use any Generated Data created by your use of the Service. We will not sell or distribute Generated Data to third parties for non-educational purposes.

De Knovo Technology is interested in working with educational institutions. As a result, all Generated Data from the Services that can be publicly accessed is available to be used by educational institutions for non-commercial purposes. If you represent an educational institution, please contact De Knovo Technology at [email protected], and we could potentially provide you with more Generated Data for your research.

You must be the owner or have all necessary permission by the copyright holder(s) to post Content. De Knovo Technology aims at making Termling a great tool for educators and learners by providing a resource to find and study free and unrestricted material contributed by others. In order to promote the sharing of study material on Termling, you hereby waive all copyright in Content(s) you post on Termling, and place the Content(s) in the public domain. We understand that giving up all copyright of Content posted on Termling could be difficult, but if you are unable to agree to this condition then we would recommend that you use a competitor of Termling where this condition is not in place.

  1. No Unlawful Use

You will not use the Services for anything unlawful, deceptive, or discriminatory. Any Content or link to external website you post must not violate any intellectual property rights, such as copyrights or trademarks.

You must not restrict, disable, alter in unintended ways, or access data not intended for you on the Services by the use of malware, viruses, denial of service attacks, exploitation of computer vulnerabilities, or other computer hacking methods.

We do not review the Content posted by users. It is your responsibility to ensure that everything you post is your original work or that you have all the necessary rights to use it. When posting Content on Termling, you must have all the necessary rights to make the Content available in the public domain.

In order to keep the Services safe, we need you to report any inappropriate Content you find to [email protected].

  1. Account

You are responsible for your own account(s) and password(s). If you forget your account information, we will not recover your account. When applicable, we implement features to help you recover your own account in case you forget your password. When accounts are created using Termling, you can set up responses to security questions that only you should know in order to update your password. We are not responsible if your account is compromised due to this optional feature since it is your responsibility to add responses that only you can answer.

When creating or using an account on the Services, DO NOT use, provide, or post any personally identifiable information that can be connected to your account. For your safety, we do not ask for personally identifiable information that can be connected to your account.

  1. Content

The Services are intended to promote and enhance learning. All Content posted must be lawful and contribute either directly or indirectly to improving or enhancing the learning of others and/or yourself. Any Content that disturbs the learning of others like cyber bullying, hate speeches, threats, aggressive messages, nudity, and pornography are strictly prohibited. We hold the right to remove or block any Content at the sole discretion of De Knovo Technology.

Since we do not review user submitted Content, you are responsible to ensure that no intellectual rights are violated by your use of the Content and that all proper attributions are made.

  1. Copyright Claims

We respect the intellectual property rights of others.

In compliance with the United States’ Digital Millennium Copyright Act, the copyright owner submits a signed notification under penalty of perjury with the list of copyrighted work being claimed to have been infringed to:

De Knovo Technology, LLC
3553 Atlantic Ave. #1365
Long Beach, CA 90807-5605

The claim needs to provide the necessary information to locate the work(s). We will also need your contact information, which includes address, phone number, and email. The claim needs a statement that you believe in good faith that the copyright is being infringed on in an unauthorized manner and that you are authorized to act on behalf of the copyright owner.

In order for De Knovo Technology to act on your claim, you must comply substantially with the statutory requirements.

We have the right to remove or block any Content that is suspected to be infringing the copyright of others without prior notice. We also have the right to terminate or block the account(s) of any user that violates the intellectual property rights of others.

  1. Severability

If any provision of this Terms of Service is unenforceable, then that provision will be eliminated to the necessary extent.

  1. Amendments

This Terms of Service may be changed by De Knovo Technology. We do not connect personally identifiable information, like emails, mailing address, or phone numbers, to accounts. As a result of limited contact information, we are unable to provide notifications about changes in that manner. However, we will attempt to notify you of the changes. When you sign in to Termling, you will be notified that there was a change in the Terms of Service since your last time on the website.

It is your responsibility to periodically check the Terms of Service for updates, since some Services might not have the necessary method to communicate with you about the changes in the agreement, and for that reason we reserve the right to make changes without notice. We could make changes to fix misspellings or grammatical errors, explain something better, and to keep you update on which third-parties we are working with, but we are not limited to only those reasons.

You should review any changes to this agreement. If you do not agree with any of the amendments, you must terminate all your account(s) since your continued use of the Services will be treated as your acceptance to the changes.

  1. Termination

De Knovo Technology reserves the right to terminate or block any of your account(s) after it has been created if you fail to abide to the letter or spirit of this agreement or if you expose De Knovo Technology to a legal liability. Some of the reasons that could result in the termination of your account are: excessive use of resources, posting of Content with little to no educational value to other users, posting copyrighted material without the proper permissions, inactivity of Services for over 30 days, and promoting illegal activity. Since we do not have personally identifiable information connected to your account, we are unable to notify you of the termination outside of the Service. You will be notified of the termination when you attempt to sign in to your account, and no longer have access to the Services.

You have the right to terminate this agreement by deleting all of your account(s) created using the Services.

  1. Limitations of Liability

De Knovo Technology attempts to keep the Services free of any computer bugs, but you are using the Services AT YOUR OWN RISK. Services are provided AS IS and there is NO EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Since we do not review Content or external links submitted by users, we DO NOT GUARANTEE that the Services provided are 100% safe, secure, or accurate. De Knovo Technology is not responsible for links to third-party websites found on the Services.

We DO NOT GUARANTEE that the Services will be available at all times and that it will always function properly.

We are not responsible for the actions of third-parties, and you will release De Knovo Technology of any claims against the third-parties.

To the maximum extent allowed by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues incurred directly or indirectly resulting from use or lack of access to the Services, actions from third-parties, and unauthorized access to your data.

  1. Disputes

This agreement shall be governed, interpreted, and enforced in accordance with the laws of the State of California, United States.

The jurisdiction of this agreement is the physical location of De Knovo Technology, which is in Long Beach, California.

In the case of any dispute, you and De Knovo Technology will attempt to negotiate a resolution to the dispute. If negotiations fail to resolve the issue, the dispute will be resolved by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be Long Beach, CA or the location nearest Long Beach, CA. The judgment by the arbitrator will be final.

  1. Users Outside the United States

De Knovo Technology is interested in making their Services available to anyone who would benefit from them, but this is not always possible. If you are outside of the United States, you must consent that your data will be handled in the United States. You cannot use the Services if the United States or your country prohibits business activities with each other.

Effective: October 22, 2016