Help & Support
Terms of Service
Last Updated: July 11, 2012
These Terms of Service (the "Terms") govern your use of the online functionality made available at http://tioki.com by Demo Lesson, Inc. ("TIOKI," "we" and "us"), which enables you to upload information about yourself, including a video of you teaching a lesson, for access by potentially interested schools, school districts and other teacher-hiring organizations (the "Service"). To agree to these Terms, click "I agree" below.
We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website, and will indicate the date the Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.
Before accessing or using the Service, you must agree to these Terms. You are also required to register on our website and set up a profile with us (your "Profile").
The Service is intended solely for teachers and aspiring teachers who are at least 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, and in violation of these Terms. By using the Service, you represent and warrant that you are 18 or older.
The Service is provided to teachers free of charge, although you are responsible for any third-party fees that you may incur when accessing the Service, including Internet connection fees. We may, in the future, charge teachers to use of the Service, in which case you will be notified in advance of such change.
When you register with us, you will be asked to disclose certain personal information about yourself, including your name and email address. Please keep in mind that this information (and the rest of your Profile) will be made available to the schools and other organizations that are our customers and/or any other school or organization to which you send your Profile.
You agree to provide us with true, accurate and complete information about yourself as requested in our registration process. You also agree to update the information on your Profile promptly as necessary to keep it current and accurate.
3. Intellectual Property in the Service.
Subject to the terms and conditions of these Terms, the Service, including all text, graphics, photos, videos, information, applications, software, sounds and any other content available through the Service, and their selection and arrangement in the Service, are the intellectual property of TIOKI or our licensors, with all rights reserved.
Subject to the terms and conditions of these Terms, TIOKI grants you a non-exclusive, revocable, limited license to access and use the Service solely for the purposes set forth in these Terms. Any use of the Service other than as specifically authorized in these Terms, without the prior written permission of TIOKI, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any termination of the Terms or upon any suspension, termination or cancellation of your access to the Service.
You agree not to do any of the following:
- Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Service, or any part thereof.
- Attempt to derive the source code or structure of the Service, or any part thereof.
- Remove from the Service, or alter, any of TIOKI's or any of our licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
- Distribute, sublicense or otherwise transfer the Service to others, except as expressly authorized in these Terms.
4. User Conduct.
You represent, warrant and agree that all video and other content of any kind that is uploaded through your Profile or that you otherwise make available through the Service will not violate or infringe upon the rights of any third party, including any copyright, trademark, privacy, publicity or other intellectual property, personal or proprietary right.
You agree not to upload or otherwise make available through the Service any of the following:
- any content that is not your original work, unless you have permission from the rightful owner to post such content and to grant TIOKI all of the licensed rights granted herein;
- any private information of any third party;
- any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, or any other form of solicitation; or
- any software viruses or other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You also agree not to do any of the following:
- impersonate any person or entity in your Profile, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity in your Profile;
- use or attempt to use another user's profile without authorization from TIOKI;
- intimidate or harass another individual;
- conduct any activities that could damage, disable, overburden or impair the Service; or
- use the Service in a way that is not in compliance with any applicable law or regulation.
5. User Content; License.
You understand and agree that you are solely responsible for all content, including all text, photos, videos and information, which you upload or otherwise make available through the Service (collectively, your "User Content"). You hereby represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize TIOKI to use all copyright, trademark, trade secret and other intellectual property rights in and to any and all of your User Content to enable inclusion and use of such User Content in the manner contemplated by the Service and these Terms. You may not upload or otherwise make available any content through the Service that you did not create or that you do not have permission to upload or otherwise make available.
By uploading or otherwise making available your User Content through the Service, you automatically grant to TIOKI an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose (including commercial, advertising and other purposes), on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of any of the foregoing, including to allow schools, school districts and other customers of TIOKI the right to access such User Content. When you upload or otherwise make available your User Content through the Service, you also authorize and direct TIOKI to make such copies thereof as we deem necessary in order to facilitate the transmission and storage of such User Content.
You should exercise caution, good sense and sound judgment in uploading content to the Service. You should not upload any content to the Service that you consider to be confidential or proprietary.
You may remove any of your User Content from the Service at any time. If you remove your User Content, the license granted by you to TIOKI above will immediately terminate, except that (i) any User Content that had been downloaded by any customer of TIOKI prior to such removal may continue to be used indefinitely by such customer and its designees, and (ii) TIOKI may retain archived copies of your User Content for up to one year for customer audits and similar purposes. TIOKI does not assert any ownership over your User Content; rather, as between TIOKI and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You understand and agree that TIOKI may, but is not obligated to, review your User Content from time to time, and may delete or remove (without notice) from the Service any of your User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of TIOKI violates these Terms, or which might be offensive or illegal, or that might harm or violate the rights or threaten the safety of users or others.
6. No Endorsement.
TIOKI does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content uploaded or otherwise made available through the Service, or endorse any opinions expressed in such content. You acknowledge that any reliance on material in content available on the Service will be at your own risk.
7. Copyright Protection.
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded, posted or otherwise transmitted through the Service infringes upon any copyright which you own or control, you may so notify us in accordance with our DMCA process accessible here.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. TIOKI may also at its sole discretion limit access to the Service and/or terminate the Profiles of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All trademarks, service marks, logos and trade names associated with TIOKI and/or the Service, whether registered or unregistered, are proprietary to TIOKI or to other companies where so indicated. Such marks may not be used, including as part of others' trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TIOKI.
9. Third-Party Websites and Content.
The Service may contain or deliver links to other websites (each, a "Third-Party Site") as well as applications, software, text, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by TIOKI, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Content uploaded to, or otherwise available through, the Service.
If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and our other policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site or Third-Party Content to which you navigate or relating to any applications you use or install from the Service.
10. User Disputes.
You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor interactions or disputes between you and any other such user.
By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
You acknowledge that TIOKI is not responsible or liable in any manner for any content (including your User Content), or any Third-Party Content, posted or transmitted through the Service, whether posted or transmitted by users of the Service, by TIOKI, by third parties or by any of the equipment or programming associated with the Service. Although we have established rules for user conduct and postings, we do not control and are not responsible for what users upload or otherwise make available through the Service. TIOKI is not responsible for the conduct, whether online or offline, of any user of the Service.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. TIOKI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. TIOKI is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to your or to any other person's computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service. Under no circumstance will TIOKI be responsible for any loss or damage resulting from your use of the Service, or from any content (including your User Content) or Third-Party Content uploaded or otherwise made available through the Service, or from any interactions between users of the Service (whether online or offline).
TIOKI reserves the right to modify the Service at any time without notice.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).
TIOKI DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE. TIOKI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitations on Liability.
IN NO EVENT WILL TIOKI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF TIOKI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TIOKI may terminate your access to the Service, delete your Profile and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.
15. Disputes and Governing Law.
You agree that any dispute, claim or controversy arising out of or relating to the Service or this Agreement shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitration shall be conducted in San Francisco, California. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
You agree to indemnify and hold harmless TIOKI, and its directors, officers, agents, contractors, partners and employees, 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 of your User Content, your conduct in connection with the Service, or any violation of these Terms or of any law or rights of any third party.
These Terms constitute the entire agreement between you and TIOKI regarding the use of the Service, superseding any prior agreements between you and TIOKI relating to your use of the Service. The failure of TIOKI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms, please contact us by sending an email to email@example.com, or by calling us at (310) 753-4346.