Visible Classroom App Terms & Conditions

 These Terms & Conditions were last updated on May 9, 2018.

Terms of Use of the Visible Classroom App

This page tells you the terms of use (the “Terms of Use”) on which you may make use of our “Visible Classroom” application for mobile devices (the “App”). Please read these Terms of Use carefully before you register and use the App. By registering or using the App, you indicate that you accept these Terms of Use and that you agree to abide by them. Your registration or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App immediately.

The Visible Classroom App is a companion tool for the Visible Classroom software solution that allows teachers to record lessons and send them for analysis to provide feedback on their teaching practices.

Your use of Visible Classroom is subject to the terms of use (the “Terms of Use”) of a legal agreement between you and Access Innovation Media Pty Limited (Ai-Media) of 103 Miller Street, North Sydney, NSW, 2059, Australia (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App on our own behalf.

The “Visible Classroom” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors.

We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the www.visibleclassroom.com website (the “Website”) or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.

You acknowledge and agree that you will use Visible Classroom on a non-exclusive basis in respect of the operation and functionality of the system, and only for so long as we are willing to provide the system. You will not engage in any activity that interferes with or disrupts Visible Classroom (or the servers and/or networks on which the system is run). You will not reproduce, duplicate, copy, sell or trade Visible Classroom or any part of it for any purpose. Visible Classroom and any information in connection with or related to the system, is confidential to us. You shall not disclose such information to any person without our prior written consent.

Security & Privacy

We take our responsibility for the security and privacy of your data very seriously. Your recordings, class content and transcripts are owned by you and remain confidential. We employ all reasonable physical and electronic security measures to protect your personal information from unauthorized access and disclosure. We encrypt many of our services using SSL and encrypt password verification for account access.

Your use of the App includes your consent to the data regarding your involvement in the program being collected by the University of Melbourne for the purposes of the program. Transcripts will be anonymised and added to University of Melbourne’s database on teaching and learning. We use speech-to-text data anonymously for training and improving internal quality systems.

View our Privacy Policy for full details.

Intellectual Property

We own all legal title and interest in Visible Classroom, including any intellectual property rights which subsists in, or are related in any way to, the Visible Classroom System (whether those rights happen to be registered or not).

Your recordings, class content and transcripts are owned by you. By uploading recorded content to the App, you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your content in connection with the operation of the Service on your behalf, in any form, medium or technology now known or later developed.

You may print off and download extracts of any page(s) from the App for your personal reference and you may draw the attention of others within your organisation to material available on the App.

You must not use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licensors.

Liability

We do not promise that Visible Classroom or any content, service or feature of Visible Classroom will be error free, or that any defects will be corrected, or that your use of Visible Classroom will provide specific results. The Visible Classroom system and its content are provided “as is” on an “as available” basis without representations or warranties of any kind, either express or implied, to the fullest extent permitted by law.

You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction. We are not liable in any way for any loss of any kind including damages, costs, interest, claims or expenses arising from your use of Visible Classroom.

Further Conditions

  1. To download, install, access or use the App, you must be 18 years of age or over.
  2. To use the App you will require Internet connectivity. We shall not have any responsibility or liability for any data or other costs you may incur.
  3. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
    1. is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
    2. is fraudulent, criminal or unlawful;
    3. is inaccurate or out-of-date;
    4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
    5. impersonates any other person or body or misrepresents a relationship with any person or body;
    6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
    7. may be contrary to our interests;
    8. is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
    9. involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  4. You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App save as may be permitted by these Terms of Use. You agree not to access without authority, interfere with, damage or disrupt:
    1. any part of the App;
    2. any equipment or network on which the App is stored;
    3. any software used in the provision of the App; or
    4. any equipment or network or software owned or used by any third party.
  5. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Availability of the App, Security & Accuracy

  1. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
  2. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
  3. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

Independence from Platforms

  1. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
  2. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
  3. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.