Terms and Conditions of STEMuli
These Terms govern
• the use of this Application, and,
• any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant
dedicated section of this document.
The User must read this document carefully.
The Owner offers Products through the App Store. Although the entire
contractual relationship relating to these Products is entered into solely by
the Owner and Users, Users acknowledge and agree that Apple may
enforce these Terms as a third-party beneficiary.
This Application is provided by:
STEMuli Education - 14555 Dallas Parkway, Dallas, Texas 75254
Owner contact email: support@stemuli.net
What the User should know at a glance
• Please note that some provisions in these Terms may only apply to
certain categories of Users. In particular, certain provisions may only
apply to Consumers or to those Users that do not qualify as
Consumers. Such limitations are always explicitly mentioned within
each affected clause. In the absence of any such mention, clauses
apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply
generally when using this Application.
Single or additional conditions of use or access may apply in specific
scenarios and in such cases are additionally indicated within this
document.
By using this Application, Users confirm to meet the following
requirements:
• There are no restrictions for Users in terms of being Consumers or
Business Users;
• Users aren’t located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S.
Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or
restricted parties;
Account registration
To use the Service Users must register or create a User account, providing
all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and
safe. For this reason, Users are also required to choose passwords that
meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that
occur under their username and password.
Users are required to immediately and unambiguously inform the Owner
via the contact details indicated in this document, if they think their
personal information, including but not limited to User accounts, access
credentials or personal data, have been violated, unduly disclosed or
stolen.
Conditions for account registration
Registration of User accounts on this Application is subject to the
conditions outlined below. By registering, Users agree to meet such
conditions.
• Accounts registered by bots or any other automated methods are
not permitted.
• Unless otherwise specified, each User must register only one
account.
• Unless explicitly permitted, a User account may not be shared with
other persons.
Account termination
Users can terminate their account and stop using the Service at any time
by doing the following:
• By directly contacting the Owner at the contact details provided in
this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at
any time and without notice, User accounts which it deems inappropriate,
offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any
claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the
User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content
available on this Application is owned or provided by the Owner or its
licensors.
The Owner undertakes its utmost effort to ensure that the content
provided on this Application infringes no applicable legal provisions or
third-party rights. However, it may not always be possible to achieve such
a result.
In such cases, without prejudice to any legal prerogatives of Users to
enforce their rights, Users are kindly asked to preferably report related
complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights
reserved
The Owner holds and reserves all intellectual property rights for any such
content.
Users may not therefore use such content in any way that is not necessary
or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share
(beyond the limits set forth below), modify, translate, transform, publish,
transmit, sell, sublicense, edit, transfer/assign to third parties or create
derivative works from the content available on this Application, nor allow 
any third party to do so through the User or their device, even without the
User's knowledge.
Where explicitly stated on this Application, the User may download, copy
and/or share some content available through this Application for its sole
personal and non-commercial use and provided that the copyright
attributions and all the other attributions requested by the Owner are
correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay
unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to
this Application.
By providing content to this Application, Users confirm that they are legally
allowed to do so and that they are not infringing any statutory provisions
and/or third-party rights.
Further insights regarding acceptable content can be found inside the
respective section on this Application which details the acceptable uses.
Users acknowledge and accept that by providing their own content to this
Application they grant the Owner a non-exclusive, worldwide, fully paid-up
and royalty-free, irrevocable, perpetual (or for the entire protection term),
sub-licensable and transferable license to use, access, store, reproduce,
modify, distribute, publish, process into derivative works, broadcast,
stream, transmit or otherwise exploit such content to provide and promote
its Service in any media or manner.
To the extent permitted by applicable law, Users waive any moral rights in
connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they provide
through this Application is provided subject to the same general conditions
set forth for content on this Application.
Users are solely liable for any content they upload, post, share, or provide
through this Application.
Users acknowledge and accept that the Owner filters or moderates such
content in a preventative manner.
Therefore, the Owner reserves the right to refuse, censor, remove, delete,
block or rectify such content at its own discretion and to deny access to
this Application to the uploading User without prior notice, if it considers
such content to infringe any applicable legal provision or third party right,
or to otherwise represent a risk for Users, third parties, the Owner and/or
the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle
Users that have provided such content or that are liable for it, to any
claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim
asserted and/or damage suffered due to content they provided to or
provided through this Application.
Organization who would like to remove their content can do so by
contacting the Owner and it will be removed within 1 week. Organizations
can also define a duration of how long the video exists in the system.
Removal of content from parts of this Application available
through the App Store
If the reported content is deemed objectionable, it will be removed within
24 hours and the User who provided the content will be barred from using
the Service.
Access to provided content
Content that Users provide to this Application is made available according
to the criteria outlined within this section.
Publicly available content
Content meant for public availability shall be automatically made public on
this Application upon upload or, at the sole discretion of the Owner, at a
later stage.
Any personal data, identifier or any other information that Users upload in
connection with such content (such as a User-ID, avatar or nickname etc.)
shall also appear in connection with the published content.
Private content
Private content provided by Users shall stay private and will not be shared
with any third parties or accessed by the Owner without the User’s explicit
consent.
Content for determined audiences 
Content meant to be made available to specific audiences may only be
shared with such third parties as determined by Users.
Any personal data, identifier or any other information Users upload in
connection with such content (such as a User-ID, avatar or nickname etc.)
shall also appear in connection with the content.
Users may (and are encouraged to) check on this Application to find
details of who can access the content they provide.
Access to external resources
Through this Application Users may have access to external resources
provided by third parties. Users acknowledge and accept that the Owner
has no control over such resources and is therefore not responsible for
their content and availability.
Conditions applicable to any resources provided by third parties, including
those applicable to any possible grant of rights in content, result from each
such third parties’ terms and conditions or, in the absence of those,
applicable statutory law.
How to file a takedown notice (called a “DMCA
notice”)
If copyright holders or their agents believe that any content on this
Application infringes upon their copyrights, they may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing
the Owner’s Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on
behalf of the holder of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site;
• Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to
permit the Owner to locate the material;
• Information reasonably sufficient to permit the Owner to contact the
notifying party, such as an address, telephone number, and, if
available, an electronic mail;
• A statement that the notifying party has 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
• A statement that the information in the notification is accurate, and
under penalty of perjury, that the notifying party is authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
Failure to comply with all of the requirements outlined above may result in
invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s
Copyright Agent at the contact details specified in this document.
Acceptable use
This Application and the Service may only be used within the scope of
what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this
Application and/or the Service violates no applicable law, regulations or
third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to
protect its legitimate interests including denying Users access to this
Application or the Service, terminating contracts, reporting any
misconduct performed through this Application or the Service to the
competent authorities – such as judicial or administrative authorities -
whenever Users are suspected to be in violation of any laws, regulations,
third-party rights and/or these Terms, including, but not limited to, by
engaging in any of the following activities:
Conduct restrictions
• pretending to fulfil any possible condition or requirements for
accessing this Application and/or using the Services, such as for
instance being adult according to law or qualifying as a Consumer;
• concealing their identity or stealing someone else's identity or
pretend to be or represent a third-party, if not allowed to do so by
such third-party;
• manipulating identifiers to disguise or otherwise conceal the origin of
their messages or of the content posted;
• defaming, abusing, harassing, using threatening practices,
threatening or violating the legal rights of others in any other way;
• promoting activity that may endanger the User’s life or the life of any
other User or lead to physical harm. This includes but is not limited
to suicide threats or instigations, intentional physical trauma, the use
of illegal drugs, or excessive drinking. Under no circumstance is any
User allowed to post any content promoting and/or encouraging
and/or showing any self-destructive or violent behavior on this
Application;
• probing, scanning or testing the vulnerability of this Application,
including the services or any network connected to the website, nor
breaching the security or authentication measures on this
Application, including the services or any network connected to this
Application;
• installing, embedding, uploading or otherwise incorporating any
malware into or via this Application;
• using this Application or the technical infrastructure in an abusive,
excessive or otherwise inappropriate way (for example: for
spamming purposes);
• attempting to disrupt or tamper with the technical infrastructure in a
manner that harms or places an undue burden on this Application or
the Service;
Scraping
• adopting any automated process to extract, harvest or scrape
information, data and/or content from this Application and all the
digital properties thereto related unless where explicitly allowed to
do so by the Owner;
Content restrictions
• disseminating or publishing content that is unlawful, obscene,
illegitimate, libelous or inappropriate;
• publishing any content that promotes, either directly or indirectly,
hate, racism, discrimination, pornography, violence;
• disseminating or publishing any content that is false or may create
unjustified alarm;
• using this Application to publish, disseminate or otherwise provide
content protected by intellectual property laws, including but not
limited to patent, trademark or copyright law, unlawfully and without
the legitimate right-holder’s consent;
• using this Application to publish, disseminate or otherwise make
available any other content which infringes on any third-party rights,
including but not limited to state, military, trade or professional
secrets and personal data;
• publishing any content or carrying out any activity that disrupts,
interrupts, harms, or otherwise violates the integrity of this
Application or another User's experience or devices. Such activities
include: spamming, distributing unauthorized advertisements,
phishing, defrauding others, spreading malware or viruses etc.;
User protection
• misappropriating any account in use by another User;
• harvesting or collecting any personally identifying information of
other Users including but not limited to their email addresses or
contact information, by circumventing the privacy setting of other
Users’ accounts on this Application or by any other means;
• using any information relating to other Users, including personal or
contact data, for purposes other than those this Application is
intended for;
• There is no tolerance for objectionable content or abusive users. If a
user post content that display potentially objectionable content, such
as nudity, pornography, and/or profanity, the content will be removed
within 24 hours and the user’s account will be suspended.
Commercial use restrictions
• registering or using this Application in order to promote, sell or
advertise products or services of any kind in any way;
• indicating or trying to imply in any manner, that a User stands in a
qualified relationship with this Application or that this Application has
endorsed the User, the User’s products or services or any third
party's products and services for any purpose;
Purchase via app store
This Application or specific Products available for sale on this Application
must be purchased via a third-party app store. To access such purchases,
Users must follow the instructions provided on the relevant online store
(such as "Apple App Store" or "Google Play"), which may vary depending
on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores
are also subject to such third-parties’ terms and conditions, which, in case
of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore
read such terms and conditions of sale carefully and accept them.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall
not constitute a waiver of any such right or provision. No waiver shall be
considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to
interrupt the Service for maintenance, system updates or any other
changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or
terminate the Service altogether. If the Service is terminated, the Owner
will cooperate with Users to enable them to withdraw Personal Data or
information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the
Owner’s reasonable control, such as “force majeure” (eg. labor actions,
infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion
of this Application and of its Service without the Owner’s express prior
written permission, granted either directly or through a legitimate reselling
program.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the
privacy policy of this Application.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any
intellectual property rights, such as copyrights, trademark rights, patent
rights and design rights related to this Application are the exclusive
property of the Owner or its licensors and are subject to the protection
granted by applicable laws or international treaties relating to intellectual
property.
All trademarks — nominal or figurative — and all other marks, trade
names, service marks, word marks, illustrations, images, or logos
appearing in connection with this Application are, and remain, the
exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties related to
intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at
any time. In such cases, the Owner will appropriately inform the User of
these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the
revised Terms. If Users do not wish to be bound by the changes, they
must stop using the Service. Failure to accept the revised Terms, may
entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the
User's acceptance. The User can obtain any previous version from the
Owner.
If required by applicable law, the Owner will specify the date by which the
modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or
subcontract any or all rights or obligations under these Terms, taking the
User’s legitimate interests into account. Provisions regarding changes of
these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these
Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent
using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or
unenforceable under applicable law, the invalidity or unenforceability of
such provision shall not affect the validity of the remaining provisions,
which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or
unenforceable, the parties shall do their best to find, in an amicable way,
an agreement on valid and enforceable provisions thereby substituting the
void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions
shall be replaced by the applicable statutory provisions, if so permitted or
stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to
enforce a particular provision of these Terms shall not nullify the entire
Agreement, unless the severed provisions are essential to the Agreement,
or of such importance that the parties would not have entered into the
contract if they had known that the provision would not be valid, or in
cases where the remaining provisions would translate into an
unacceptable hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted, construed
and reformed to the extent reasonably required to render it valid,
enforceable and consistent with its original intent. These Terms constitute
the entire Agreement between Users and the Owner with respect to the
subject matter hereof, and supersede all other communications, including
but not limited to all prior agreements, between the parties with respect to
such subject matter. These Terms will be enforced to the fullest extent
permitted by law.
Governing law
These Terms are governed by the law of the place where the Owner is
based, as disclosed in the relevant section of this document, without
regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European
Consumer and has their habitual residence in a country where the law
provides for a higher consumer protection standard, such higher
standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or
connected to these Terms lies with the courts of the place where the
Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European
Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Definitions and legal references
Latest update: December 05, 2019
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