Youhere.org - Terms of Service
Youhere.org (the “Company”) offers Youhere.org (the “Website”) according to the
Terms of Service declared below. The Company reserves the right to revise these
terms from time to time. We will post a notice of any material revisions on the
Website. Your continued usage of the Website constitutes your acceptance of
these terms. Questions about the Terms of Service may be sent to our contact destinations.
Usage Terms
The Website is suitable for all audiences. Its content is focused narrowly on
attendance taking. You may not use the Website for any illegal activity or to
violate laws in your jurisdiction. You may not exploit the Website to access
unauthorized information.
The Company reserves the right to modify, suspend, or discontinue the Website
for any reason, with or without notice.
The Website is provided “as is” and “as available”. You assume complete
responsibility and risk for your use of the Website. The Company does not
warrant that (i) the Website will meet your requirements, (ii) you will be
satisfied with the Website, (iii) you will at all times be able to use the
Website, (iv) the Website will be without errors, (v) or that any errors will
be corrected.
The Company is not responsible for any damages or loss resulting from your use
of the Website.
The Company is not liable for any damages or losses resulting from the Website
transmitting information over unencrypted networks such as email.
Any failure of the Company to enforce or exercise a right provided in these
terms is not a waiver of that right.
Should any provision of this Terms of Service be found invalid or unenforceable,
the remaining terms shall still apply.
This Terms of Service constitutes the entire agreement between you and the
Company and supersedes any and all previous agreements, written or oral,
between you and the Company, including previous versions of the Terms of
Service.
User Conduct
Users may not use the Website or attendance captured data
(collectively, “Data”) that:
- is unlawful, threatening, libelous or defamatory;
- violates any party's
intellectual property; or
- is detrimental to the quality or intended spirit
of the Website.
Examples of unacceptable Data or behavior on the Website are those which we, in
our sole discretion, determine constitute:
- abuse, harassment, threats of violence, flaming, intimidation of any person
or organization, or any other threatening behavior;
- engaging in or
contributing to any illegal activity or activity that violates others' rights;
- providing information that is false, misleading or inaccurate;
- hacking or modifying the Website to falsely imply an association with the
Company;
- implying or pretending to be affiliated with a company or
organization with which you are not affiliated, or misrepresenting the extent
of your affiliation or role with an affiliated company or organization; or
- disclosing personal or proprietary information of another user, person or
organization.
The Company has the right, but not the obligation, to limit or revoke the use
privileges of anyone who publishes unacceptable Data.
At any time, the Company may, at its sole discretion, refuse to allow attendance
records to be captured, or remove Data that has been captured. However, the
Company is not obligated to restrict or monitor Data in any way, or to block
users who submit such in an inappropriate manner.
By accepting attendance data, you represent and warrant that such data:
- does not violate the rights of any third party, including, but not limited
to, intellectual property and proprietary rights;
- is not fraudulent and
does not involve counterfeit or stolen information or items;
- does not
violate any law, statute, ordinance or regulation; and
- shall not create
any liability for Youhere.org, or any of its respective parents, subsidiaries,
affiliates, successors, assigns, employees, agents, directors, officers and
shareholders.
You may not submit attendance data using unauthorized automated methods
(“bots”).
FERPA Statement
To the extent company receives, generates, and/or maintains educational records
related to students, the Company agrees to comply with the Family Educational
Rights and Privacy Act (FERPA) to the same extent as such laws and regulations
apply to you, and shall limit access to only those employees or agents with a
need to know and only for the purposes directly relating to these Terms of
Service. For purposes of these Terms of Service and pursuant to FERPA, you
hereby designate the Company as a school official with a legitimate educational
interest in the educational records of the students to the extent that access
to the educational records are required by the Company to perform its
obligations and responsibilities relating to these Terms of Service. The
requirements relating to FERPA apply during the term of these Terms of Service
between the parties and in perpetuity thereafter, regardless of the reason for
the termination of these Terms of Service.
Data
The Company does not and cannot control all captured Data, and does not
guarantee the accuracy, integrity or quality of such Data. You understand that
by using the Website you agree that under no circumstances will the Company be
liable in any way for the Data, including any errors or omissions in any Data,
or any loss or damage of any kind incurred as a result of your use of any Data.
If you would like to report erroneous Data, you may do so by emailing us at
the addressed listed in our contact section.
You are solely responsible for any Data you draw from the Website, and the
consequences of such Data. You agree to indemnify, defend,
and hold harmless the Company, its officers, directors, employees, and agents
from and against any and all claims, losses, costs, liabilities, damages,
judgments, penalties, interest and expenses (including reasonable attorneys’
fees) arising out or relating to (i) any actual or alleged breach of your
representations, warranties, or obligations set forth in these Terms of
Service, and (ii) any actual or alleged infringement of any intellectual
property or proprietary rights by any Data or other information you publish to
the Website.
Use of the Website is also governed by our Privacy Policy, a copy of which is
currently located at https://www.youhere.org/index.php/start/privacy.