IMPORTANT! If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms and agree to them for you, before you use Qlovi or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how Qlovi works and what restrictions apply to your use of our websites and services. Remember, always get an adult’s permission before going online.
Welcome to www.qlovi.com! Qlovi is generally used by teachers and students and is intended to provide you with an interactive literacy platform to foster reading and literacy achievement through the use of design, interactive features, and e-reading.
USE OF MATERIALS
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software") are licensed to you by ACIAS. ACIAS does not transfer title to the Software to you. As between you and ACIAS, ACIAS retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
If you post, upload, transmit, submit, and/or distribute materials, content, information and/or ideas to the Site, including, without limitation, by way of message boards, chat rooms, blogs or any other features on the Site (collectively, “Your Content”), you represent and warrant that Your Content is original to you, that no other party has any rights thereto, and that any moral rights in Your Content have been waived.
You hereby grant ACIAS and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including, without limitation, the right to copy, publish, perform, display and distribute and/or adapt Your Content, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised. Please be sure that Your Content is information that you are comfortable sharing with the public, as Your Content will be accessible by other users of the Site.
ACIAS is not responsible for maintaining Your Content that you provide to ACIAS, and ACIAS may delete or destroy Your Content at any time.
You warrant and agree that, while accessing or using the Site, you will not:
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious;
- Insert your own or a third party’s advertising, branding or other promotional content into any of the Website Content, materials or services;
- Use, sell, or otherwise distribute information or data provided by other users of the Site;
- Engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, including, without limitation, any information residing on any server or database connected to the Site;
- Use the Site in any manner that could interrupt, damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass solicited messages or “flooding” servers with requests;
- Use the Site in violation of the intellectual property or other proprietary or legal rights of ACIAS, other users of the Site, and/or its distributors, vendors, contractors, licensors and/or licensees;
- Attempt, or encourage or support anyone else’s attempt, to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site;
- Use the Site in any derogatory, harmful, or unlawful manner;
- Upload to, distribute through, or otherwise publish through the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
You alone are responsible for Your Content and the consequences of any of your activities while you are visiting or using the Site.
CONSENT TO USE OF DATA AND PERSONAL INFORMATION AND YOUR PRIVACY
You agree that ACIAS may collect and use technical and personal data, including, but not limited to, hardware information, software information, any peripherals, geographic data, social network data, or any information you may upload as part of your use of the Site. ACIAS may use and store such information as reasonably necessary to provide the Site’s services. Information used outside of this purpose may be used in a form that does not personally identify you.
NO PERSONAL ADVICE
Any informational materials provided on the Site, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, ACIAS makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Site. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
THIRD PARTY LINKS
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by ACIAS to be displayed on another website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. ACIAS reserves the right to discontinue any link to the Site, and to revoke your right to link to the Site from any other website at any time.
PERMISSION FOR WEB LINKING
If you link to the Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by ACIAS. Any such link must not damage, dilute or tarnish the goodwill associated with ACIAS and/or any ACIAS intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with ACIAS, and you may not "frame" ACIAS. You may not link to the Site from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in ACIAS’s sole discretion. ACIAS reserves the right, in its sole discretion, to terminate any link from any website.
CHANGES TO SITE
ACIAS may add, change, discontinue, remove or suspend any portion of the Site at any time, without notice.
Certain portions of the Site may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of the Site using your account and/or identity. ACIAS reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Site for any reason, including without limitation for extended periods of inactivity.
Please notify ACIAS immediately of any unauthorized use of your account or any other breach of security by sending an email to [email]. You will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by ACIAS to prevent or terminate unauthorized use of any part of the Site.
DISCLAIMER OF WARRANTIES
ACIAS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." ACIAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. ACIAS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. ACIAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ACIAS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
IN NO EVENT WILL ACIAS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
JURISDICTIONAL AND CHOICE OF LAW
PERMISSION FOR REPRINTS
All material on the Site without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on the Site (outside of personal, non-commercial use), please write to: ACIAS INC. 1555 Broadway St. Detroit, MI, 48226.
By providing ACIAS with your email address, you agree to allow us to send you emails and use your email address to send any notices required by law in lieu of communication by postal mail. We may also use your email address to send you messages, and you are solely responsible for costs associated with those communciations.
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
ACAIS takes claims of copyright infringement seriously. If you believe that content available by means of the Site violate one or more of your copyrights, please notify ACIAS by providing a written notice containing the information described below to the designated agent listed below.
Notification of a copyright infringement claim must be submitted to the following:
1555 Broadway St.
Detroit, MI, 48226
The notification must be in writing and include:
- Your physical or electronic signature;
- Identification of the copyrighted work or works you believe to be infringed;
- Identification of the material you believe to be infringing and information reasonably sufficient to enable ACIAS to locate such material;
- Information reasonably sufficient to enable ACIAS to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
- A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send ACIAS a written counter-notice with the following information:
- Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which ACIAS is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to ACIAS, or an agent of such person; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
ACIAS will respond to all such notices and comply with applicable law. ACIAS reserves the right to remove content alleged to be infringing without prior notice and at ACIAS’s sole discretion.
ACIAS also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from ACIAS solely through electronic transmission. You agree that when you click on “I agree,” “I consent,” or other similarly worded “button” or entry field with your computer or other device your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.