This website (commeff.com) ("Web site") and services (collectively called the ‘services’) are provided by Commeff Innovations LLC. By using our services, you are agreeing to these terms. If You do not agree to these terms please do not use our website and services. "You" or “Your” is defined as an individual user like a student, instructor or administrator, (who may be associated with an entity like college or university or an entity (like a university or college). Users also agree that they are accessing our services with appropriate permission of the relevant entity. You may not access our services if you are our direct competitor, except with our prior written consent. You may not access our services for benchmarking or competitive purposes without our prior written consent.
The terms of services are subject to change without prior notices. Your continued use of our services means acceptance of the change.s
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions provided. You may use our Services only as permitted by law.
Regarding your use of our Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use these Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You will need to set up an account- having username and password (“Account”) in order to use our Services. You may create your own Account, or your Account may be assigned to you by an administrator, such as your educational institution.
To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account.
When you register your Account, You agree (i) that the information You provide will be accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive.
Our Services may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. By uploading, posting or displaying your content you grant us, a non-exclusive, perpetual, royalty-free right to use, reproduce, modify, publish, distribute, perform, display and transmit the content for the sole purpose of providing and improving services to you. In addition, we shall be permitted to use anonymized user content both during and after the term of this Agreement to improve our service and for any other lawful purpose. In no event will such data include any personally identifiable information.
You are responsible for protecting and enforcing any intellectual property right rights that you hold on the content and that we have no obligation to do so on Your behalf.
We are the owner or a licensee of all intellectual property rights on our website and services. All such rights are reserved. Nothing in these terms and conditions gives You a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of our intellectual property, in whole or in part, except as is expressly permitted herein.
We shall have a royalty-free, worldwide, irrevocable, perpetual license to use, copy, modify and incorporate into our services any suggestions, enhancement requests, recommendations or other feedback provided by You, relating to the operation of our services.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
In order to enhance your user experience and improve our Services, we may collect information about you – the information you affirmatively give to us and information which may be automatically collected when you use our Services.
We may use the information collected from you to deliver Services to you and continuously enhance your user experience. We use the collected information to communicate with you, fulfill your requests, customize the content, improve our products and services, protect our and your rights, and comply with laws and regulations.
The information that we collect from you may be used in aggregate form in various ways to optimize and improve our Services. While such information may be based on information about you, it will not identify you personally. We may use such information for the following purposes: website management, administration and security, promotional activities, and research and analysis.
Your Account may be secured by member-created passwords, in which case reasonable precautions are taken to ensure that your account information is kept private. You are responsible for keeping your passwords confidential. You should not share your password with anyone. We use reasonable measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job function. Despite these efforts, please note that we cannot ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time.
While we try to ensure that our services are normally available 24 hours a day, we will not be liable if for any reason the our services are unavailable at any time or for any period.
We cannot offer any guarantee that any information that is posted on our Website or generated by using our services is complete, accurate or up to date. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any visitor to our website or user of our service.
Access to services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Data Storage: : Any data or content you store using our services is subject to any data storage limit we notify to you of from time to time. We reserve the right to charge for data storage which exceeds our data storage limit.
Restrictions: You agree that you will not directly or indirectly: (i) modify or create any derivative work of the Services (ii) sublicense, sell, lend, rent, lease, give, transfer, assign or otherwise dispose of all or any portion of the System; (iii) reverse engineer, disassemble or decompile the Services or attempt to discover or recreate the source code or (iv) remove, obscure, or alter any notice of copyright, trademark, trade secret, or other proprietary right related to the System or documentation.
“COMMEFF Confidential Information” means the Software, the Licensed Materials, all technical information related to the Software and Licensed Materials, evaluation data, and Feedback.
8.1 Confidential Information may be disclosed by: (i) presentation; (ii) delivery; (iii) authorized access, such as to a database; or (iv) any other express means. Confidential Information must be identified as confidential at the time of disclosure, and all material containing Confidential Information must be marked confidential or proprietary. Any Confidential Information disclosed verbally or visually must be summarized by the disclosing party in writing and the writing provided to the receiving party within thirty (30) days after the disclosure.
8.2 Disclosure of COMMEFF Confidential Information will not be precluded if the disclosure is required by law, but you will give COMMEFF prompt written notice to allow COMMEFF an opportunity to obtain a protective order. This will not apply to information that is: (a) already in your possession without obligation of confidence; (b) independently developed by you (c) publicly available, or becomes publicly available through no fault of yours; (d) disclosed by COMMEFF without obligation of confidence; or (e) disclosed with the permission of COMMEFF.
8.3 You agree you will not disclose, any information to COMMEFF which is considered to be confidential to you or any third party.
We are providing our Services using a reasonable level of skill and care. However note the following which we don’t promise about our Services
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
You also agree to indemnify and hold COMMEFF harmless from all damages, liabilities, costs and expenses, including attorneys’ fees, incurred by COMMEFF as a result of any claim, proceeding or judgment arising out of your use of the Services or the results.
This Agreement is to be construed under the laws of the State of Arizona, USA, excluding any body of law governing conflicts of law.