By using the studio5d.com or elearningcontentreviewer.com web sites, or any Studio5D product or service (“Service”), you agree to the following terms and conditions (“Terms of Service”).  Studio5D reserves the right to update and change the Terms of Service from time to time without notice. You can review the most current Terms of Service at any time at: http://elearningcontentreviewer.com/index.php/service-level-agreement

Any new features, enhancements, new tools or new resources that augment the current Service, shall be subject to the Terms of Service. Continued use of the Service after any such change shall constitute your consent to such changes.  Violation of any of the terms below will result in the termination of your account.

Service Level Agreement (SLA)

Studio5D's policy is to respond to all Studio5D customer cases within 24 hours. An incident ticket is assigned a priority number based on the nature of the issue.
NOTE: “Hours” in this document refers to Open Business Hours. Our Open Business Hours are 8:30 a.m. to 4:30 p.m. Monday through Friday, Mountain Time (USA). So, for example, if you notify our support team at 4 p.m. Mountain Time about a Level 1 Critical Problem that has an initial contact response time of less than 2 hours, we agree to initially respond to that incident no later than 9:30 a.m. Mountain Time the following business morning.

Level 1 - CRITICAL
• An outage of the OQAR service.
• Initial Contact: < 2 hours
• Status Update: 2 hours
• Management Escalation: Immediate


Level 2 - HIGH
• The End-User can access the OQAR service, however one or more significant features are unavailable, such as the ability to view reviewer notes.
• Initial Contact: < 6 hours
• Status Update: 6 hours
• Management Escalation: 12 hours


Level 3 - LOW
• Any condition which makes the use or continued use of any one or more functions of the Software difficult and which End-User cannot reasonably circumvent or avoid on a temporary basis without the expenditure of significant time or effort.
• Initial Contact: < 12 hours
• Status Update: 1 business day
• Management Escalation: 2 business days


Initial contact is defined to be the first contact by a Support Representative after the incident has been logged and a ticket generated. A status update will be communicated to the customer if the incident cannot be resolved immediately. A final follow-up with the customer occurs on the resolution date. The ticket will remain open until confirmation is received that the customer is satisfied with the resolution or the customer has failed to provide such confirmation for a period of 48 hours.

End-User acknowledges that not all Level 3 problems will allow for a reasonable workaround. Studio5D may, in its reasonable discretion, respond to a Level 3 problem by making the Error a feature request for the next version release.

SERVICE LEVEL GUARANTEE

For any instance where we fail to provide the level of service decribed, customer will be entitle to a free additional day of service for each day we are not within the guidelines provided. Additional days are added on to the current service contract/renewal date. To receive the guarantee benefit, report from any discrepency to a Support Representative.

Use of Services by You

  • Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like as long as it meets the restrictions of your account level.
  • Though highly unlikely, Rapid Intake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof, with 30 days notice. You agree that Rapid Intake shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Any unexpended or unearned subscription fees paid by the customer at the time of cancellation shall be refunded immediately upon termination or discontinuance.
  • Technical support is provided at no charge to paying accounts.

Terms of Account Security and Legal Activities

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • You are responsible for maintaining the security of your account and password. Studio5D cannot and will not be liable for any loss or damage from your failure to provide Studio5D with accurate information or to comply with security obligations.
  • You agree to immediately notify Studio5D of any unauthorized use of your password or account, or any other breach of security.
  • You are responsible for your own conduct.  You are also responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, patent laws, other intellectual property or industrial property laws, privacy laws, data export laws, and laws regarding libel and defamation).
  • You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected with the Service.
  • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express prior written permission of Studio5D.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Studio5D, or any other Studio5D service.
    You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Studio5D customer, employee, member, or officer will result in immediate account termination.

Indemnity

You agree to hold harmless and indemnify Studio5D, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Service or any other actions connected with use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.  Studio5D will provide you with written notice of such claim, suit or action.

Privacy

Studio5D respects the confidential and proprietary nature of content uploaded to your account. Even so, by using the Service, you acknowledge and agree that Studio5D may access, preserve, and disclose your account information and any content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Studio5D, its users or the public as required or permitted by law. Provided that Studio5D shall provide notice of any disclosure to the customer and provided further that nothing in this Agreement shall be construed as authorizing Studio5D to disclose any proprietary information belonging to the customer to any third party for any reason. In the event any government agency demands that Studio5D disclose such information, Studio5D shall immediately provide notice to the customer of such demand and the customer shall keep Studio5D advised of any steps the customer takes in connection with such demand. Nothing herein shall be construed as preventing Studio5D from complying with any lawful government order demanding the disclosure of such information. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

Payment, Upgrading, Downgrading Terms

  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Cancellation and Termination

You are solely responsible for properly canceling your account. To cancel your account, call (515) 309-2710 or create a ticket at: http://elearningcontentreviewer.com/support/scp/login.php.
All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.  You are solely responsible for maintaining adequate back-up copies of your content outside the Service.

You agree that Studio5D has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service, or to provide any particular type or amount or quality of storage.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. No credits are given for unused days in a monthly plan or months unused in an annual plan.

Studio5D, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Studio5D service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Provided that Studio5D may not terminate this agreement without 30 days prior written notice to the customer and upon termination Studio5D shall refund any unearned subscription fees paid by the customer.

In the event of Service termination or cancellation, provisions of these Terms of Service related to the following shall survive:  Indemnity, Privacy, Proprietary Rights, Appropriate Content, Exclusion of Warranties and Limitation of Liability.

For the protection and safety of all of our customers, Studio5D reserves the right to refuse service to anyone for any reason at any time, with or without notice.

 

Changes to Service and Pricing

Although Studio5D endeavors to maintain its prices indefinitely once a subscriber becomes a paying customer, Studio5D reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Notwithstanding the foregoing, Studio5D will endeavor to provide the customer with 30 days notice of any changes and the customer shall have the right to cancel the Service and receive a full refund of any unexpended subscription fees.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the OQAR Site (http://elearningcontentreviewer.com) or the Service itself.

Studio5D shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

When a price change is made by Studio5D, you can continue using the service through the end of your paid subscription period without paying any additional fees. Once your paid subscription period has passed, you will be charged the new price for the next period.

 

Proprietary Rights

We claim no intellectual property rights over the material you provide through the Service. Your profile and materials uploaded remain yours. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate.

You must not remove, obscure, or alter any proprietary rights notices (including for example copyright and trade mark notices) which may be affixed to or contained within the Service.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Studio5D or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, content accessed through the Service, or the Software, in whole or in part.

Subject to the Terms of Service, Studio5D grants you a personal, non-transferable and non-exclusive right and license to use the inbtegration code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

You agree not to access the Service by any means other than through the interface that is provided by Studio5D for use in accessing the Service.

Your use of any Software provided by Studio5D will be governed by these Terms of Service and any additional terms and conditions of the end user license agreement accompanying such Software.  Studio5D may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop the Service, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

 

Appropriate Content

We may, but have no obligation to, remove, refuse, move, or otherwise dispose of content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

While Studio5D prohibits certain conduct and content on the Service, you understand and agree that Studio5D cannot be responsible for the content posted on the Service and you may be exposed to materials which you consider offensive or objectionable. You agree to use the Service at your own risk.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Studio5D has no control over such sites and resources, you acknowledge and agree that Studio5D is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Studio5D shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Studio5D acknowledges the customer’s ownership of all content and any modifications to any software used in its eLearning courses. The customer agrees not to distribute the OQAR integration source code (.fla, html, .ja files) to others.

 

 Exclusion of Warranties and Limitation of Liability

You understand that Studio5D uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
STUDIO5D DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STUDIO5D SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAPID INTAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE ABOVE LIABILITY LIMITATIONS AND WARRANTY EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

General Conditions

 Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Studio5D and govern your use of the Service, superceding any prior agreements between you and Studio5D for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and Studio5D shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Studio5D agree to submit to the personal and exclusive jurisdiction of the courts located within or nearest to Denver County, Colorado.

Waiver and Severability of Terms. The failure of Studio5D to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Third Party Beneficiaries.  You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

Notices.  You agree that Studio5D may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service.  Your notices to Studio5D must be sent by an email which is acknowledged by a reply from Studio5D, or by a courier service which provides delivery confirmation.

Assignment.  Studio5D may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your access to the Service. The other party may then establish a Service account and enter into a contract with Studio5D.

Miscellaneous.  The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.  Questions about the Terms of Service should be sent to support at http://elearningcontentreviewer.com/support/scp/login.php.