Newline Engage
TERMS OF SERVICE
Last updated June 06, 2023
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (you), and Newline Interactive Inc., doing business as Newline Engage, located at 101 East Park Blvd. Suite 807 Plano, TX 75074, USA (we, us).
The Site provides the following services: A virtual whiteboard that helps
teachers teach their students remotely. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by
all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any
supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our
products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in any and all countries. The
information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
1.6 Additional policies which also apply to your use of the Site include:
Our Privacy Notice https://newlineengage.com/eula/agreement.pdf, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
* Systematically retrieve data or other content from the Site to a compile
* database or directory without written permission from us
* Store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise
objectionable content (except as necessary for legitimate instructional
purposes, but in all cases in compliance with applicable laws and regulations)
* Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts
under false pretenses. Disclosing sensitive personal information about others
* Use a buying agent or purchasing agent to make purchases on the Site
* Use the Site to advertise or sell goods and services
* Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
* Engage in unauthorized framing of or linking to the Site
* Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
* Make improper use of our support services, or submit false reports of abuse
or misconduct Engage in any automated use of the system, such as using
* scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
* Interfere with, disrupt, or create an undue burden on the Site or the
networks and services connected to the Site Attempt to impersonate another
user or person, or use the username of another user
* Sell or otherwise transfer your profile
* Use any information obtained from the Site in order to harass, abuse, or harm another person Use the Site or our content as part of any effort to compete
with us or to create a revenue-generating endeavor or commercial enterprise
* Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site Attempt to access any portions of the Site that you are restricted from accessing
* Harass, annoy, intimidate, or threaten any of our employees, agents, or other users Delete the copyright or other proprietary rights notice from any of the
content
* Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
* Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism Use, launch, or engage in
any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
* Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site Use the Site in a manner inconsistent with any applicable laws or regulations
* Threaten users with negative feedback or offering services solely to give positive feedback to users Misrepresent experience, skills, or information about a User
* Advertise products or services not intended by us
* Falsely imply a relationship with us or another company with whom you do not have a relationship Deliberate attempts to overload the Website and Services
and broadcast attacks (i.e. denial of service attacks).
* Engaging in any other activities that degrade the usability and performance of the Website and Services.
2.3 As a user of this Site, you agree to:
You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services. You must protect the
confidentiality of your login details, and you should change your password periodically.
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly
update such information as necessary; (c) you will keep your password
confidential and will be responsible for all use of your password and account;
(d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you
reside,
or if a minor, you have received parental permission to register on the Site.
If you know or suspect that anyone other than you knows your user information
(such as an identification code or user name) and/or password you must promptly notify us.
3.2 If you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such
account, a Third Party Account) by either: (a) providing your Third Party
Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without
breach by you of any of the terms and conditions that govern your use of the
applicable Third Party Account and without obligating us to pay any fees or
making us subject to any usage limitations imposed by such third party service providers.
3.4 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, the Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account and
your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.
We
make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
At your email request through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our
servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
4. Our content
4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (Our Content) are owned or licensed to
us,
and are protected by copyright and trademark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
4.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorised access to the Site or any
networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations,
additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the
uploading of content to the Site that contains viruses.
4.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or
implied, that Our Content on the Site is accurate, complete or up to date.
5. Site Management
5.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action
against anyone in breach of applicable laws or these Terms and Conditions; (3)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (4) otherwise
manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be secure or free from bugs or
viruses.
5.3 You are responsible for configuring your information technology, computer
programs and platform to access the Site and you should use your own virus
protection software.
6. Modifications to and availability of the Site
6.1 We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. We also
reserve the right to modify or discontinue all or part of the Services without
notice at any time.
6.2 We cannot guarantee the Site and Services will be available at all times.
We may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or Services
during any downtime or discontinuance of the Site or Services. We are not
obliged to maintain and support the Site or Services or to supply any
corrections, updates, or releases.
6.3 There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Services, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information at any time, without prior notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and as-available basis. You
agree that your use of the Site and/or Services will be at your sole risk
except
as expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute, custom
or usage, a course of dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation, the implied
warranties of satisfactory quality, fitness for a particular purpose and
non-infringement are excluded to the fullest extent permitted by applicable
law.
We make no warranties or representations about the accuracy or completeness of
the Site’s content and are not liable for any (1) errors or omissions in
content; (2) any unauthorized access to or use of our servers and/or any and
all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services;
and/or (4) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party. We will not be
responsible for any delay or failure to comply with our obligations under these
Terms and Conditions if such delay or failure is caused by an event beyond our
reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user: Notwithstanding anything to the
contrary contained in the Disclaimer/Limitation of Liability section, our
liability to you for any cause whatsoever and regardless of the form of the
action, will at all times be limited to a total aggregate amount equal to the
greater of (a) the sum of $0.0 or (b) the amount paid, if any, by you to us for
the Services/Site during the six (6) month period prior to any cause of action
Arising
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
* use of, or inability to use, our Site/Services; or
* use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
* loss of profits, sales, business, or revenue;
* business interruption;
* loss of anticipated savings;
* loss of business opportunity, goodwill or reputation; or
* any indirect or consequential loss or damage.
If you are a consumer user:
*Please note that we only provide our Site for domestic and private use. You
agree not to use our Site for any commercial or business purposes, and we have
no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
* You have legal rights in relation to goods that are faulty or not as
* described. Advice about your legal rights is available from your local
* Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms
* and Conditions will affect these legal rights.
8. Term and Termination
8.1 These Terms and Conditions shall remain in full force and effect while you
use the Site or Services or are otherwise a user of the Site, as applicable.
You may terminate your use or participation at any time, for any reason, by
following the instructions for terminating user accounts in your account
settings.
8.2 Without limiting any other provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and without notice or liability,
deny access to and use of the Site and the Services (including blocking certain
IP addresses), to any person for any reason including without limitation for
breach of any representation, warranty or covenant contained in these Terms and
Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is
in breach of these Terms and Conditions or of any applicable law or regulation,
we may terminate your use or participation in the Site and the Services or
delete your profile and any content or information that you posted at any time,
without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any reason set out in this
Section 9, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
9. General
9.1 Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and
other records and to electronic delivery of notices, policies and records of
transactions initiated or completed by us or via the Site. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by other than electronic means.
9.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and
understanding between you and us.
9.3 Our failure to exercise or enforce any right or provision of these Terms
and Conditions shall not operate as a waiver of such right or provision.
9.4 We may assign any or all of our rights and obligations to others at any
time.
9.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
9.6 If any provision or part of a provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.
9.7 There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or use of
the Site or Services.
9.8 For consumers only - Please note that these Terms and Conditions, their
subject matter and their formation, are governed by California law. You and we
both agree that the courts of the State of California will have exclusive jurisdiction.
9.9 For business users only - If you are a business user, these Terms and
Conditions, their subject matter and their formation (and any non-contractual
disputes or claims) are governed by California Law. We both agree to the exclusive jurisdiction of the courts of the State of California.
9.10 A person who is not a party to these Terms and Conditions shall have no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of these Terms and Conditions.
9.11 In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us.
101 East Park Blvd. Suite 807 Plano, TX 75074, USA
TEL: +1 888 233 0868
Ronda de Poniente 2, 1st floor, Office B
28760, Tres Cantos, Madrid, Spain
Phone: +34 91 052 8834
Technical Support Hotline: +34 91 804 31 79 / +34 680 677 828
Technical support email: support_eu@newline-interactive.com
Room No. 203, No.37, TTK Road, Alwarpet, Chennai, Tamil Nadu, India, 600018
TEL: 1 800 419 0309