Last Updated: March 17th, 2021
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Welcome to the Yellowdig.com platform (“Yellowdig”), an online platform that provides educational products and services for students (“Student Users”) and educators (“Educator Users,” and collectively with Student Users, “Users”). The Yellowdig Platform (defined below) is owned and operated by Six Deg Inc. (the “Company,” or “we” or “us”).
IF YOU ARE UNDER THE AGE OF 13 (“CHILD USER”) AND/OR ARE OTHERWISE UNABLE TO ENTER INTO A CONTRACT (“MINOR USER”), THEN YOU NEED TO GET YOUR PARENT OR LEGAL GUARDIAN (YOUR “PARENT”) TO GIVE US PERMISSION FOR YOU TO USE THE YELLOWDIG PLATFORM.
IF YOU ARE A PARENT AND YOU GIVE US PERMISSION FOR A CHILD USER OR A MINOR USER TO REGISTER WITH AND USE THE YELLOWDIG PLATFORM, THEN YOU AGREE TO BE BOUND BY THESE TERMS AS THEY RELATE TO SUCH USER’S USE OF THE YELLOWDIG PLATFORM.
1. ACCEPTANCE OF TERMS
A. The Yellowdig Platform is owned and operated by the Company. Access and use of the Yellowdig Platform is provided by the Company to you on the condition that you accept these Terms, and by accessing or using the Yellowdig Platform, you agree to these Terms. If you do not accept these Terms, you may not access or use the Yellowdig Platform in any possible form. References to “use,” “access,” or “permission” (to use or access) the Yellowdig Platform refers to use, access, or permission to use or access the Yellowdig Platform in any way and to any extent.
D. A Member’s right to use the Yellowdig Platform is personal to the Member or the individual or entity who/that acquired such Member’s access. Unless expressly stated otherwise in writing and with the Company’s express prior consent, any rights in these Terms are not transferable by a Member to any other person or entity. If you are accessing and using the Yellowdig Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
E. The Company shall have the right at any time to change or discontinue the Yellowdig Platform, the Yellowdig Website and/or any feature or function thereof, including, but not limited to, content, hours of availability, and equipment needed for access or use.
G. If you breach any of the Terms, the Company may automatically terminate your use of the Yellowdig Platform, without notice, and any failure of the Company to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.
2. CHANGED TERMS; PRICING & SUBSCRIPTION TERMS
The Company shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use and changes to its pricing for membership, subscription features and access to Content and other electronic resources. Such changes, modifications, additions or deletions (collectively, “Modified Terms”) shall be effective immediately upon your affirmative consent, which we will require of you the next time you access the Platform, unless the changes are of such a nature that only notice is required, in which case, the Modified Terms shall be effective immediately upon notice thereof and your continued use of the Yellowdig Platform shall be deemed to constitute acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by electronic mail but may be given by posting on the Yellowdig Platform.
To the extent that such Modified Terms relate to pricing changes for the Yellowdig Platform and its resources, features and functions that a Member has already purchased for a specific amount or time period, the original pricing will be honored even if a change is subsequently made (except to the extent that such pricing was originally provided on a contingent basis with respect to future changes); however, to the extent of a change, any and all pricing for new products, services, features, resources and other materials shall be on the basis of the pricing when sold or renewed.
While visiting the Yellowdig Website is free, access to certain features and functionality of the Yellowdig Platform may require payment of such fees as may be determined by the Company from time to time. In addition, use of the Yellowdig Platform requires that you purchase a subscription or that a third party (e.g., an Educational Institution) purchases a subscription on your behalf. Payment for subscriptions must be made in accordance with the payment options described on the Yellowdig Website from time to time, and all payments are non-refundable. By subscribing to the Yellowdig Platform, you acknowledge that your subscription has a recurring payment feature and will automatically renew unless you cancel your subscription prior to the end of the then-current subscription term by following the cancellation procedures described on the Yellowdig Website from time to time.
3. CHILD USERS AND MINOR USERS
A. The Yellowdig Platform is not available to Child Users or Minor Users whose registration has not been approved by a Parent. By using or creating a Membership Account (defined below), you represent that (a) you are either (i) not a Child User or Minor User or (ii) your Parent has consented to your use of the Yellowdig Platform; and (b) your registration and your use of the Membership Account is in compliance with any and all applicable laws and regulations.
B. If you are a Child User or a Minor User, you may not use, or register to use, the Yellowdig Platform unless and until you have consent and approval from your Parent. A Child User’s or Minor User’s registration process will be restricted until a parent or guardian consents to use of the Yellowdig Platform and assumes responsibility for the Membership Account of the Child User or Minor User.
C. A Child User or Minor User may use the Yellowdig Platform if registered through certain educational organizations (“Educational Institutions”) or, in certain cases, by representatives of the Educational Institutions (“Educator Users”) that have entered into a relationship directly with the Company and through which education organization or Educator User the parent and/or guardian of such Child User or Minor User has consented to use of the Yellowdig Platform. Further, in certain instances, a Child User or Minor User may use the Yellowdig Platform via one of the third party applications that integrate into or with the Yellowdig Platform. A Child User or Minor User that has registered through such external educational organizations, third party applications, or Educator Users will only be permitted to use the Yellowdig Platform for so long as the Company reasonably believes that such access has been consented to by the Child User’s or Minor User’s Parent.
IF YOU ARE AN EDUCATOR USER AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR A MINOR USER, YOU, INDIVIDUALLY AND ON BEHALF OF THE EDUCATIONAL INSTITUTION YOU REPRESENT, HEREBY REPRESENT AND WARRANT THAT YOU (AND YOUR EDUCATIONAL INSTITUTION) HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD USER’S OR MINOR USER’S PARENT FOR YOU TO REGISTER THE CHILD USER OR MINOR USER FOR THE YELLOWDIG PLATFORM AND FOR YOU TO PROVIDE TO YELLOWDIG THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER OR MINOR USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE, INDIVIDUALLY AND ON BEHALF OF YOUR EDUCATIONAL INSTITUTION, TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER OR MINOR USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE YELLOWDIG PLATFORM BY THE CHILD USER MINOR USER. You, individually and on behalf of your Educational Institution, hereby agree to indemnify, defend and hold the Company harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of any provision, representation or warranty in these Terms; (b) the use of the Platform by the Child User or Minor User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User or Minor User, or (e) any other action related to the Child User or Minor User.
4. DESCRIPTION OF SERVICES AND MEMBERSHIP
The Company provides its Members with access to a variety of resources via the Yellowdig Platform, including, but not limited to download areas, uploading tools and product information. The Yellowdig Platform, including any updates, enhancements, new features, and/or the addition of any new websites, are subject to these Terms unless as otherwise expressly stated by the Company in writing.
A. Users who register for the Yellowdig Platform in order to become a Member, will select the username (“Username”) and the user password (“Password”) to create a membership account (“Membership Account”). A Member is responsible for all use of his or her Membership Account and for ensuring that all use of Member’s Membership Account complies fully with the provisions of these Terms. A Member shall be responsible for protecting the confidentiality of such Member’s Username and Password and such Member hereby agrees to indemnify, defend and hold harmless the Company and its affiliates for any losses, expenses or other damages suffered by it in connection with Member’s actions or omissions in connection with such Member’s use, misuse or failure to observe these Terms in respect of the Yellowdig Platform or any use, misuse or failure to observe these Terms in respect of the Yellowdig Platform that occurs on such Member’s Membership Account.
D. To the extent such Content includes personally identifying information, the Company has the right to license a Member’s Content unless and until the time such Member removes such Content from the Yellowdig Platform in its entirety or revokes his or her consent by deleting their user account. The Company may also, in its sole discretion, place limits on the accessing or uploading of Content.
5. CONSENT; CONDUCT
A. You affirm that (i) you are not a Child User or Minor User and are fully able and competent to enter into, and comply with, these Terms or (ii) you are a Parent giving us permission for a Child User or Minor User, as applicable, to register with and use the Yellowdig Platform. You shall use the Yellowdig Platform for lawful purposes only. You shall not post or transmit through the Yellowdig Platform any Content which, in the Company's sole discretion, violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, which contains advertising or any solicitation with respect to products or services, or which contains any personally identifiable information. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the Yellowdig Platform will not be permitted.
B. The Yellowdig Platform contains copyrighted Content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belong to the Company, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted under the Terms, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.
C. You may not use, store, display, publish, transmit, distribute, modify, reproduce, or create derivative works of any downloaded shared Content, in whole or in part, except as provided to you for that purpose as part of the Yellowdig Platform.
D. You may not reverse engineer, decompile or disassemble the Yellowdig Platform (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Yellowdig Platform); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Yellowdig Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information (or other information about users and/or Members of the Yellowdig Platform), including account names, from the Yellowdig Platform, nor to use the communication systems provided by the Yellowdig Platform, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Yellowdig Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Yellowdig Platform or the Content. You may not frame any part of our Yellowdig Platform, unless we specifically give you our express written consent to do so. You may not use, or attempt to use, the Yellowdig Platform through any means not explicitly and intentionally made available, provided or intended with respect to the Yellowdig Platform. You may not harvest information about users and/or Members of the Yellowdig Platform for any purpose. You may not use the Yellowdig Platform in any manner that could damage, disable, overburden, or impair the Yellowdig Platform or that harms the Company, its service providers, suppliers or any other person.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Members must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. Each Member agrees to notify the Company immediately of any unauthorized use of such Member’s Membership Account or any other breach of security. The Company will not be liable for any losses, expenses, damages or any other costs that a Member may incur as a result of someone else using such Member’s Username, Password or Membership Account, either with or without such Member’s knowledge. However, a Member could be held liable for losses, expenses, damages and other costs incurred by the Company or another party due to someone else using such Member’s Username, Password or Membership Account.
7. CONTENT PROVIDED TO THE YELLOWDIG PLATFORM
The copyright of all Content uploaded by Members is held by such Members. Members may not upload content to which they do not own the copyrights. The Company does not claim ownership of the Content that Members provide to the Company (including, without limitation, feedback and comments) or upload to the Company. However, by uploading Content, a Member is granting the Company permission to use such Content in connection with the operation of its business (including, without limitation, the Yellowdig Platform), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s Content. In order to revoke your consent, you must delete such Content. However, the Company may continue to use such Content (provided it does not include any personally identifiable information) unless and until you deactivate your Membership Account.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE YELLOWDIG PLATFORM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE YELLOWDIG PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE YELLOWDIG PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE YELLOWDIG PLATFORM.
B. TO THE FULLEST EXTENT PERMITTED BY LAW, THE YELLOWDIG PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE YELLOWDIG WEBSITE OR THE YELLOWDIG PLATFORM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE YELLOWDIG PLATFORM.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE YELLOWDIG PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. NEITHER THE COMPANY NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
9. NO ENDORSEMENT; LINKS TO THIRD PARTY SITES/MATERIAL
The Company does not sponsor, endorse, recommend or approve of any Content submitted to the Yellowdig Platform by any of its Members. The Company may, but shall have no obligation to, confirm all such Content meets the requirements of these Terms., The Company cannot and does not represent or warrant that any Content is complete, accurate or not misleading. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by the Company. All non-Yellowdig trademarks, product names and logos appearing on the Yellowdig Platform are property of their respective owners.
The Yellowdig Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third Party Materials are not owned or controlled by the Company. Any access to Third Party Materials is provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. If you arrive at the Yellowdig Platform from a third party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the Yellowdig Platform does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices. Unless Yellowdig provides written consent for you do to so, you will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending emails.
The Company shall have the right, but not the obligation, to monitor the content (including Content) of the Yellowdig Platform, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to refuse to post, unpublish or remove any material submitted to or posted on the Yellowdig Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Yellowdig Platform by you and/or, to the extent you are a Member, then arising out of the use of your Membership Account.
The Company may terminate these Terms at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate a Member’s Membership Account in the event of any conduct by such Member that the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by such Member of these Terms and any other agreement referenced herein between the Company and such Member.
These Terms shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary for the remaining provisions of these Terms to continue in full force and effect. These Terms, together with any polices or operating rules posted by us on the Yellowdig Platform, constitute the entire agreement and understanding between you and us and govern your use of the Yellowdig Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
15. COPYRIGHT NOTICE
The Company, its logos and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the Yellowdig Platform are the property of their respective owners. Any rights not expressly granted herein are reserved.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been reproduced in connection with the Yellowdig Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Yellowdig Platform, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (v) a signed statement that you 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, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
1617 JFK Blvd, 20th Floor
Philadelphia, PA 19103
17. ARBITRATION; WAIVER OF JURY TRIAL; WAIVER OF CLASS OR CONSOLIDATED ACTIONS
At our sole discretion, we may require you to submit any disputes arising from these Terms or the Yellowdig Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law and taking place in Philadelphia, Pennsylvania.
Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between US and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
18. ELECTRONIC COMMUNICATIONS
You hereby consent to receiving email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Yellowdig Platform, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages.
19. YOUR COMMENTS AND QUESTIONS
All comments and questions relating to the Yellowdig Platform or these Terms should be sent to us at firstname.lastname@example.org.
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