These terms of service (Terms) govern your use of the community portal (Community Portal), an applications hosting platform (Community Portal) owned and operated by EkStep Foundation (the Foundation), a not-for-profit company registered under the Indian Companies Act 2013, having its office at 85, 7th Cross, Koramangala 4th Block, Bangalore 560034. The Community Portal connects the parents, guardians, teachers and educators of children using the Genie (defined below) in order to assess their progress. It also connects third party content providers (Creators) to the Community Platform and allows them to add their interactive content to the Community Platform.
The terms "user", "you", "your" hereinafter refer to Creators registering, accessing and using the Community Portal and whose interactive content shall be hosted on the Genie (defined below). The terms "we", "us", "our" refer to the Foundation.
Before proceeding to use the Community Portal, please read these Terms carefully and select the "I Accept" option provided below. If you do not agree to these Terms, you will not be able to access or use the Community Portal. By selecting the "I Accept" option, you signify your acceptance of the Terms (as amended from time to time), and agree to be bound by them for as long as you are using or accessing the Community Portal.
These Terms may be amended by the Foundation from time to time. You will receive a notification upon the Terms being revised. In order to continue using the Community Portal you will be required to accept the revised Terms.
- ACCESS AND USE
The EkStep educational platform comprises (i) a mobile platform that hosts interactive content such as applications and games for use by children for educational purposes (the Genie), (ii) and the Community Portal. Creators shall have access to the Community Portal for the purpose of adding interactive content that will be capable of being accessed through the Genie, and to further develop or create new content.
You will need to register with us to access and use the Community Portal. We reserve the right to refuse or terminate registration if it is brought to our notice that you are below 18 years of age.
It is possible that your access and use of your content on the Community Portal, may be disrupted due to technical or operational difficulties and with no prior notice of downtime. The Foundation makes no guarantee as to the continuous uptime and availability of the Community Portal or the quality of the content on the Community Portal.
- INTELLECTUAL PROPERTY RIGHTS
"Intellectual Property" shall singly or collectively mean to include, as the case may be, all patents, copyrights, trademarks, trade names, service marks, service names, designs and any other proprietary information or other similar right arising or enforceable under Indian law.
You hereby grant the Foundation and users of the EkStep platform and Genie a non-exclusive, royalty-free, license to copy, store, communicate, transmit, display, view and use the Intellectual Property applicable to your content for the purpose of hosting your content on the EkStep educational platform.
You agree and accept that EkStep is an open learning platform and all content available on the platform as well as assets and items including but not limited to images, words stories, activities,templates, illustrations and others shall be available for reuse, modification for the larger EkStep community.
You agree to subscribe to the creative commons licensing framework and will add appropriate attributions and links to licences for the content you have created, added, modifided or included on to the EkStep educational platform. A guide to the license framework is provided here.The Community Portal contains copyrighted material, trademarks and other intellectual property owned by the Foundation or other Creators. You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such intellectual property. Access to or use of the Community Portal does not confer upon anyone any license to the Foundations or any other Creator's Intellectual Property rights. You agree that you will not use the Community Portal to scrape or attempt to scrape any content available on EkStep.
- OBLIGATIONS OF THE CREATOR
(a) You must access the Community Portal only for the purpose of adding interactive content to the Genie and to further develop or create new content. Use of the Community Portal for any reason other than for the purpose of providing educational content to children is prohibited.
(b) You must ensure that all content and material created by you and hosted by the Foundation on the Community Platform is appropriate for use by children.
(c) You agree that while using the Community Portal, you shall not post, upload, publish, transmit or share any content that: (i) abuses, defames, harasses, libels, disparages or threatens, harms or is likely to harm another user of the Community Portal or any other third party; (ii) is blasphemous, obscene, pornographic, paedophilic, ethically objectionable, or harms minors in any way, impersonates another person, or uses software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of the Community Portal.
(d) You will be responsible and liable for all activity in relation to the registered account.
(e) You agree not to access or attempt to access any content available on the Community Portal by any means other than through the interface that is provided by the Terms.
The Foundation reserves the right to not publish or remove from the Community Portal or Genie any content which has been provided by the Creator. The Creator also agrees that the Foundation shall have the right to review, suggest changes, made recommendations and where necessary be able to make minor changes to the content provided by the Creator.
If you collect any personal information or sensitive personal data or information of the children, parents, guardians or educators through the Community Portal or the Genie, you must ensure that such collection, storage, transfer and disclosure is in accordance with Indian law currently in force, including but not limited to the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011. Any information collected by you will not be reviewed, screened or monitored by the Foundation and under no circumstances shall the Foundation be liable for any information collected or processed by you.
- LIMITED LIABILITY
The Foundation operates the Community Platform and the Genie as an intermediary. The Foundation is not responsible for any data or information that is collected by you for the purpose of use of your interactive content, including compilation for assessing progress and trends among users.
We do not guarantee accuracy of any of the content made available on the Community Portal. You are responsible for all activities and transmissions through the registered EkStep Account. You are solely responsible for maintaining the security and confidentiality of the username and password required to access the Community Portal. You must immediately notify the Foundation of any unauthorised use of your username or password or any other breach of security. The Foundation will not be liable for any loss or damage arising from your failure to comply with this provision.
The Foundation shall not be held responsible for any offensive or unlawful content posted, transmitted, sent or communicated through the Community Portal. You are responsible for all content posted, uploaded, transmitted, sent and received by you.
THE FOUNDATION PROVIDES THE COMMUNITY PORTAL ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND WITH RESPECT TO THE COMMUNITY PORTAL. THE FOUNDATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCESS AND USE OF THE COMMUNITY PORTAL (INCLUDING ANY CONTENT OR INFORMATION AVAILABLE ON THE COMMUNITY PORTAL) IS ENTIRELY AT YOUR OWN RISK. ALL CONTENT ON THE COMMUNITY PORTAL MADE AVAILABLE BY the FOUNDATION ARE FOR USE BY CHILDREN FOR EDUCATIONAL PURPOSES ONLY.
You hereby agree to keep and hold the Foundation, its directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your access and use of the Community Portal, the breach of these Terms, violation of any law, rules or regulations.
Any violation or breach of the Terms may lead to automatic suspension or termination of your account or access to the Community Portal, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use the Community Portal for any purpose other than to provide educational and learning content for children.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of India and any disputes or proceedings arising here under shall be subject to the jurisdiction of the courts in Bangalore.