Terms of Use

Last updated: September 3, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

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.

Legal Restrictions and Terms of Use Applicable to this Site
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.

ACIAS INC. and its affiliates and subsidiaries (collectively, “ACIAS”) provide access to www. qlovi.com to you subject to the following terms and conditions together with any documents expressly incorporated by reference (collectively, these “Terms of Use”). The Terms of Use govern your access to and use of www.qlovi.com, including any content, functionality, and services offered on or through www.qlovi.com (collectively, the “Site”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.qlovi.com/privacy, incorporated herein by reference. If you are a parent or guardian and you provide your consent to your child’s registration with and use of the Site, you agree to be bound by these Terms of Use in respect of their use of the Site. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

MODIFICATION OF THESE TERMS OF USE
ACIAS reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. All changes are effective immediately when posted by ACIAS.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. If you wish not to agree to the new terms, you are free to reject them, but this means you will not be able to continue to use the Site.

USE OF MATERIALS
This site is owned and operated by ACIAS and/or, in the case of certain features, its third party service providers. Unless otherwise indicated, ACIAS and/or its distributors, vendors, contractors, licensors and/or licensees own the copyright in all elements of the Site and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of the Site include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site (collectively, “Website Content”). Your use of the Site does not give you ownership of any Website Content. The Website Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Website Content on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the Website Content or use of the Website Content for any other purpose is a violation of the copyright, trademark, and trade secret rights of ACIAS, its distributors, vendors, contractors, licensors and/or licensees. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited.

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.

USER SUBMISSIONS
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.

USER CONDUCT
You may use the Site only for lawful purposes and in accordance with these Terms of Use.

You warrant and agree that, while accessing or using the Site, you will not:

  1. Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious;
  2. Insert your own or a third party’s advertising, branding or other promotional content into any of the Website Content, materials or services;
  3. Use, sell, or otherwise distribute information or data provided by other users of the Site;
  4. 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;
  5. 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;
  6. 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;
  7. Attempt, or encourage or support anyone else’s attempt, to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site;
  8. Use the Site in any derogatory, harmful, or unlawful manner;
  9. 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.

The collection and use of information gathered from users under the age of 13 is governed by the Children’s Online Privacy and Protection Act (“COPPA”). ACIAS details its compliance with COPPA in the Privacy Policy. Click here to access the Privacy Policy governing the use of information that it obtains from you through your use of the Site.

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
As a convenience to users, the Site may contain links to Internet sites maintained by third parties (“Linked Site”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against any viruses or other destructive elements. You acknowledge and agree that ACIAS does not operate, maintain, or control in any respect the information, content, products, services, advertising, or other materials that may be found on a Linked Site. ACIAS does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that ACIAS or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ACIAS.  When you link to a Linked Site, you become subject to their terms of use and privacy policy, rather than to these Terms of Use and the Privacy Policy of ACIAS. ACIAS is not responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. ACIAS reserves the right to discontinue any Linked Site at any time without prior notice.

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.

USER ACCOUNTS
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.

TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by destroying all materials obtained from ACIAS and all related documentation and all copies and installments thereof whether made under the terms of these Terms of Use or otherwise. These Terms of Use will terminate immediately without notice from ACIAS, if in ACIAS's sole discretion you fail to comply with any term or provision of these Terms of Use, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this Site. Upon termination, you must destroy all materials obtained from ACIAS and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

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.

INDEMNIFICATION
By using the Site, you agree to indemnify, defend and hold harmless ACIAS from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of any content on the Site; or (3) any material uploaded by you or through your computer to the Site or otherwise sent by you to ACIAS. You will cooperate as fully and reasonably as required by ACIAS in the defense of any claim. ACIAS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ACIAS.

JURISDICTIONAL AND CHOICE OF LAW
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

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.

E-Mail
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:
[Name]
[Email]
ACIAS INC.
1555 Broadway St.
Detroit, MI, 48226

The notification must be in writing and include:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work or works you believe to be infringed;
  3. Identification of the material you believe to be infringing and information reasonably sufficient to enable ACIAS to locate such material;
  4. Information reasonably sufficient to enable ACIAS to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
  5. 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
  6. 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:

  1. 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;
  2. 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;
  3. 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
  4. 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.

Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ACIAS with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.