Thanks for choosing iYearbook Inc., a digital yearbook service provider. The iYearbook digital yearbook service and network (collectively, "iYearbook" or "the Service" or “Site”) are operated by iYearbook Inc. and its corporate affiliates (collectively, "Us", "We" or the “Company"). You (the “Administrator” or “Adviser”) signify that you have read, understand and agree that all Administration, Faculty, Staff, Students, or any party affiliated with or acting on behalf of the school (collectively the “School”) shall be bound by this Agreement (the "Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, AND DISPUTE RESOLUTION MEASURES.
School is responsible for the photos, messages, notes, text, information, music, video, and other content that School uploads, publishes or displays ("post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). School understands and agrees that the Company may, but is not obligated to, review the Site and may delete or remove any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the iYearbook digital yearbook Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. When User Content is posted to the Site, School authorizes and directs Company to make copies of User Content as We deem necessary in order to facilitate the posting and storage of the User Content on the Site.
School will sell individual access (“Subscription”) to the Site or Service to Students, Faculty, Staff, or any other eligible person (collectively “the Subscriber”) for $30 (“Subscription Fee”). A Subscription gives the individual lifetime access to the iYearbook digital yearbook for the year in which the subscription was purchased. Company reserves the right to change the Subscription Fee at any time, for any reason or no reason at our sole discretion. Company will charge School $20 per Subscription that the School sells (“Subscription Cost”). The Subscription Cost will always remain 66.67% of the Subscription Fee. School is responsible to sell and collect Subscription Fees throughout the school year. After the last day of the school year, Company will begin collecting the Subscription Fee. Since the content contained within an iYearbook digital yearbook is provided by the school, We do not guarantee the quality of User Content contained within the iYearbook digital yearbook, and will not issue any kind of refund for unsatisfactory content.
The Company is not responsible or liable in any manner for any User Content. Although We provide rules for user conduct and postings, and will monitor posts, We do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content one may encounter on the Site or in connection with any User Content, Student Content, or Individual Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons ("Down Time"). Company does not issue refunds for Down Time. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, unauthorized access to, or alteration of, User communications. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content, Student Content, or Individual Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOST OR DAMAGED USER CONTENT, STUDENT CONTENT, OR INDIVIDUAL CONTENT.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO SCHOOL OR ANY THIRD PERSON OR PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO SCHOOL FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SCHOOL TO COMPANY FOR THE SERVICE DURING THE TERM OF SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY EXCEED $1000.
The Company may terminate this agreement for any reason, or no reason, at any time at its sole discretion, with or without notice.
SCHOOL AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION. Arbitration under this Agreement shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. In no event shall any claim, action or proceeding by School related in any way to the Site and/or the Service be instituted more than three (3) years after the cause of action arose.
School agrees to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, Student Content, Individual Content, any Third Party Applications, Software or Content School posts or shares on or through the Site, School’s use of the Service or the Site, School’s conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
This Agreement constitutes the entire agreement between School and Company regarding the use of the Site and/or the Service, superseding any prior agreements between the School and Company relating to School’s use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.