Legal/Terms

THIS VENDOR AND PRODUCT SERVICES AGREEMENT (“Agreement”) is entered into by you and between Eduauthor.com, (“Eduauthor.com”, “edu author” “we,” “us,” and “our”), and you (“vendor”, “you”, or “your, users”).

WHEREAS Vendor and Eduauthor.com have entered into the Agreement, which sets forth, among other things, terms and conditions under which Eduauthor.com will provide to vendor  that facilitate e-commerce.

You expressly agree and acknowledge that the terms and conditions contained in this Vendor and Product Requirements Policy are incorporated within the Eduauthor.com Client Contract, and You expressly acknowledge that You have read this Vendor and Product Requirements Policy and agree to comply with and be bound by all of its terms and conditions as a requirement of creating and maintaining an account with Eduauthor.com. If at any time, You do not agree with any part of thisVendor and Product Requirements Policy, You agree that Your sole remedy is to cease any further use of the Eduauthor.com Services and terminate Your account, in which case You agree that any activity that transpired prior to the date of such termination shall be governed in full by this Vendor and Product Requirements Policy.

  • REGISTRATION.
  1. You will be required to register for an account in order to use certain Eduauthor.com Services. When You provide information during the registration process, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
  2. If You register for a Eduauthor.com account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Eduauthor.com Services using Your account information in whole or in part. Eduauthor.com reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.
  • PROMOTING PRODUCTS.

If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the Eduauthor.com Services, either by You or by another Eduauthor.com client (each a “Product”), whether via the Eduauthor.com Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:

  1. You will not provide, suggest or imply any warranty or other policy with respect to any Products other than Eduauthor.com’s  Policy without the prior written consent of Eduauthor.com, which Eduauthor.com may withhold in its sole discretion for any reason.
  2. When You Promote a Product, You will use the applicable Vendor’s trademarks, logos, trade names or service marks in accordance with such Vendor’s trademark guidelines, which will either be supplied by Eduauthor.com or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, “Vendor” is defined as any person or entity that submits one or more Products for sale via the Eduauthor.com Marketplace.
  3. You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively “IP Rights”) of any entity or individual.
  4. If You Promote Products or Brands in a high risk industry, You must be in compliance with Eduauthor.com’s Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.
  5. You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
  6. You will not Promote any Products or services to children under the age of thirteen (13).
  7. You will not defame any person.
  8. You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.
  9. You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
  10. You will not in any way copy the “look and feel” of any third party website, or otherwise imply that the Promotion is in fact a third party website.
  11. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines.
  12. You will provide valid contact information, including but not limited to a working email address and phone number, where Eduauthor.com can send inquiries and receive a non-automated reply by end of the following business day.
  13. Eduauthor.com does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the “Vendor Spotlight,” as described in this Agreement, or otherwise offered by Vendors via the Eduauthor.com Services. Your use of any information presented by a Vendor is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that Eduauthor.com does not verify statements, claims, incentives or Promotions made by Vendors in the Vendor Spotlight or otherwise made by Vendors via the Eduauthor.com Services.
  • VENDOR REQUIREMENTS

Eduauthor.com requires Vendors to abide by the following criteria in order to sell Products through the Eduauthor.com Services. Your use of the Eduauthor.com Services indicates Your agreement that:

  1. You will register, upload and be responsible and liable for all the Product you have uploaded for sell in Eduauthor.com.
  2. You will provide valid, working email addresses to which Purchasers or Eduauthor.com can send inquiries and receive a reply by end of the following business day. Purchasers and Eduauthor.com must also be able to reach a non-automated response within one business day.
  3. You will provide appropriate technical support pages for all Products that You register for sale via the Eduauthor.com Services in English and all of the other languages in which the Products are offered at Your own web site. Your technical support must be consistent with best industry practices and standards.
  4. All Products and promotions, including any statements, claims, comments or messages sent via the Vendor Spotlight section of the web site, must be fully compliant with Your country’s laws and with U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. You should review materials available at www.ftc.gov and familiarize Yourself with applicable regulations.
  5. If you use the Vendor Spotlight section of the Eduauthor.com web site, you agree that you will not suggest in any way, whether express or implied, that your Product(s) are endorsed, approved or sponsored by Eduauthor.com. Further, if you offer any promotions or incentives to Affiliates you must affirmatively state that they are offered only by you and not offered or guaranteed by Eduauthor.com. You also agree that you have reviewed, understand and agree to all the requirements of the Vendor Spotlight as listed here:

Eduauthor.com provides the Vendor Spotlight as a free service to our valued Vendors and Affiliates. The contents of all material made available via the Vendor Platform are provided solely by the individual Vendor and not by Eduauthor.com. The Vendor Spotlight is intended to help Vendors provide Affiliates information about their products and promotions. While Eduauthor.com requires Vendors using the Vendor Spotlight to present only accurate and reliable information, Eduauthor.com does not independently review or verify information submitted by Vendors for accuracy, completeness, efficacy, or timeliness. Eduauthor.com does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes, or other incentives offered by Vendors. Your use of any information presented by a Vendor is voluntary, and your reliance is at your own risk.

Eduauthor.com’s publication of any information, statements, or claims via the Vendor Spotlight does not constitute its endorsement of any Vendor, Product, or incentive.

  • PRODUCT REQUIREMENTS
  1. All Products must be original or otherwise appropriately licensed and non-infringing content that is digitally delivered (via web pages, downloadable files, or email) within 24 hours of purchase. Immediate delivery preferred. If Your Product cannot meet this requirement, You must receive a written exemption from an authorized Eduauthor.com representative.
  2. You understand that Eduauthor.com may require that You include additional guidelines and disclaimers for certain Product categories, and You agree to accept those guidelines and add those disclaimers, if Your Products fall within those categories in order to have the Products sold through Eduauthor.com. For the avoidance of doubt, You acknowledge that You expressly agree to comply with this requirement as a condition of registration pursuant to the Eduauthor.com Client Contract.
  3. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
  4. (c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
  5. (d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

·         INTELLECTUAL PROPERTY RIGHTS

 

  1. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
  2. (c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
  3. (d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
  • YOUR OBLIGATIONS AND REPRESENTATIONS
  1. (a) You may use the Website only for lawful purposes and in accordance with this Policy.
  2. (b) You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.

 

  • NO PROMISES

YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

·         LIMITATION OF LIABILITY

ALL VIDEOS STREAMED FROM YOUTUBE AND MADE AVAILABLE FOR DOWNLOAD ON EDUAUTHOR.COM ARE MADE AVAILABLE FOR EDUCATIONAL AND GENERAL INFORMATION PURPOSES ONLY. EDUAUTHOR DOES NOT SELL OR EDIT ANY OF THE VIDEOS. OWNERSHIP RIGHTS STILL BELONGS TO THE ORIGINAL OWNERS OF EACH VIDEOS. EDUAUTHOR.COM ONLY CHARGES FOR ADMINSTRATIVE COST OF SORTING THE VIDEO IN ORDER OF NEEDS AND CATEGORY FOR MEMBERS WHO MAY NOT BE EDUCATED ENOUGH TO CARRY OUT SUCH TECHNICAL SEARCH.

·         RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

  • EQUITABLE RELIEF

You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.

  • COMPLETE UNDERSTANDING

This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

 

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