Versal provides a simple publishing platform with everything you need to create amazing interactive courses and learn from courses created by others. Versal also provides a simple development platform with everything you need to create amazing interactive gadgets and make those gadgets available to others. Creation of gadgets may require your agreement to certain additional terms. We love to build cool stuff and try new things, and we’re dedicated to being open and transparent in all that we do. Since we want everyone who uses the Versal platform to have an awesome experience, we’ve laid out a few terms of service below.
These terms of service are a legal agreement between you and the Versal Group, Inc. (“Versal”), and govern your use of our site, properties, platform, products, services, materials and content (the “Versal Services”). Please read these terms of service carefully. By using the Versal Services, you agree to all of these terms with no modifications, and if you are using the Versal Services on behalf of a business, then you promise that you have the authority to bind that business. If you do not agree to these terms, unfortunately you cannot use the Versal Services.
You will need to register and obtain an account, username and password to have access to certain functionality of the Versal Services. You are solely responsible for maintaining the confidentiality of these credentials, and you agree to notify us immediately via email at help@versal.com of any unauthorized access or use of your account or credentials. We may require the use of a third-party authentication service, (Facebook, Twitter, etc.) to use the Versal Services, and if so, you agree to that third party’s terms of use, privacy policy, and other agreements. If you are 13 or under, you may not use the Versal Services. If you are between the ages of 14 and 18, you must get your parent’s or guardian’s permission prior to using the Versal Services.
You will provide true, accurate, current and complete information about yourself, and maintain and promptly update your registration information if it changes. You agree to act as an ethical and responsible member of our user community.
You are responsible for maintaining the confidentiality of your account credentials, and you are responsible for all activities that occur using your credentials. You agree not to share or let others use your credentials, and will notify us if any of your credentials are lost, stolen, or if you are aware of any unauthorized use of your credentials.
You understand that we have not reviewed all of the material or content submitted to the Versal Services and are not responsible for its use or effects. You agree not to do any of the following:
We listen to you! We really appreciate all your suggestions, recommendations, requests for new features or functions, and any other feedback about the Versal Services. If we do end up using or incorporating any of your suggestions into our products or services you agree that we may do so without any obligation to you.
We respect your intellectual property rights! Your User Content is owned by you, and we will always respect that. We ask that you respect our intellectual property rights as well as the intellectual property rights of others. As a course contributor, author, publisher, or other content provider:
You acknowledge that we may establish general practices and limits concerning use of the Versal Services, including the maximum storage space that will be allotted on our servers on your behalf. You further acknowledge that Versal reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
In order to provide the Service to you in accordance with these terms of service, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Versal Services. Therefore, you hereby do and shall grant to Versal (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the User Content for the purpose of providing you and other Versal users with the Versal Services; and in connection with promotion and marketing of Versal products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your User Content or your account is closed (either by you or by us), except (i) to the extent that your User Content has been shared with others and they have not deleted it; and (ii) that we retain a license to maintain a back-up copy of your User Content indefinitely (although we will not likely do that).
Jointly Authored Materials. You may choose to share your User Content in a manner that allows another person to contribute to your content and/or modify your User Content (a “Co-Author”). If you elect to allow others to contribute to you work, you hereby do and shall grant to each Co-Author a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content of which they are Co-Authors through the Versal Services. This license ends when you delete the User Content or your account is closed (either by you or by us), except to the extent that the content has been shared with the Co-Authors and they have not deleted it.
Allowing User Content to be Reused. If you designate your User Content as “Reusable Content”, you may choose to allow others to re-use that User Content as part of their User Content to be made available through the Versal Services. Examples would be allowing your User Content to be cloned, or if you create templates for others to use. When you designate your User Content as “Reusable Content”, you hereby do and shall grant to each designated user of the Versal Services (and Versal itself) a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit your User Content through the Versal Services, including as part of their own courses or materials.
Versal allows users to create tools through our software development kit (the “SDK”) that can be used with the Versal Services (we call them “gadgets”) that can be used on our platform. These gadgets remain on our systems and are only available through the Versal Services. If you desire to create gadgets, these additional terms apply to you. If not, well that is our loss…
License to Versal SDK. Subject to these terms of use, Versal hereby grants to you a non-exclusive, non-transferable license to access the SDK as hosted by Versal for the sole purpose of creating gadgets to be used on the Versal Services. We may make changes to the SDK at any time, and while we are not obligated to provide any SDK support we will help you out as time permits.
Ownership of Gadgets. We respect your intellectual property rights! The gadgets you create, you own. We own the SDK. We ask that you respect our intellectual property rights as well as the intellectual property rights of others.
As a gadget creator:
You agree that when you delete gadgets from the Versal Services, we can take a reasonable amount of time to actually remove them from the gadget gallery, but will not delete them from existing courses or User Content.
Jointly Created Gadgets. You may choose to share your gadgets in a manner that allows another person to contribute to your gadgets and/or modify your gadget (a “Co-Developer”). If you elect to allow others to contribute to you work, you hereby do and shall grant to each Co-Developer a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content of which they are Co-Developers through the Versal Services.
Allowing Gadgets to be Reused. If you designate your gadget as an “Open Gadget”, you may choose to allow others to modify a gadget or use your gadget as the basis for their gadget to be made available through the Versal Services. When you designate your gadget as an “Open Gadget”, you hereby do and shall grant to each user of the Versal Services a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit your gadget through the Versal Services, including as part of their own gadget.
In order to provide the Versal Services to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the gadgets. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the gadget so that it can be saved to our servers. We need to create derivative works and modify the gadget. Therefore, you hereby do and shall grant to Versal (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the gadgets for the purpose of providing you and other Versal users with the Versal Service; and in connection with promotion and marketing of Versal products and services, including without limitation allowing third parties to search or index the gadgets, in connection with email promotions, product demonstrations, and the like.
THE SDK IS PROVIDED TO YOU “AS IS” AND VERSAL MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND REGARDING THE SDK. WITHOUT LIMITING THE PREVIOUS SENTENCE, VERSAL DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, CONDITIONS, OR DUTIES REGARDING (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ACCURACY, OR (II) THE SDK BEING FREE OF BUGS OR ERRORS.
Third Party Content and Gadgets. Versal gives you the option, when creating or editing a course, to search for and insert third party content, such as images, into your course. Such third party content is subject to certain license terms. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a course. You agree to review and comply with the license terms applicable to any third party content in a course. You further acknowledge and agree that Versal is not responsible for the any third party content. Versal also gives you the option, when creating or editing a course, to search for and use third party gadgets in your course. Such third party gadgets may be subject to certain additional license terms. For example, if you use a gadget that is licensed with a restriction against commercial use, you may not use the gadget for commercial purposes. You agree to review and comply with the license terms applicable to any third party gadgets. You further acknowledge and agree that Versal is not responsible for the performance of any third party gadget.
We are constantly changing and improving the Versal Services. We may add or remove functionalities or features, add or create new limits, or suspend or stop any of the Versal Services altogether. You can stop using the Versal Services at any time, although we’ll be sorry to see you go. Versal may also stop providing the Versal Services to you, or add or create new limits to the Versal Services at any time. If we discontinue a Versal Service, where reasonably possible, we will give you reasonable advance notice and a chance to get your information out of that Versal Service. We reserve the right to terminate access to your account, with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Versal Services or to any other user.
We provide the Versal Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Versal Services, and our attorney tells us we need to let you know about these things in ALL CAPS, so sorry in advance for all the big letters:
OTHER THAN AS EXPRESSLY SET OUT IN THE PARAGRAPH ABOVE OR ADDITIONAL TERMS, NEITHER VERSAL NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE VERSAL SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE VERSAL SERVICES, THE SPECIFIC FUNCTION OF THE VERSAL SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE VERSAL SERVICES “AS IS”, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW: (A) VERSAL, AND VERSAL’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THOSE DAMAGES, AND (B) THE TOTAL LIABILITY OF VERSAL, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE VERSAL SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE VERSAL SERVICES AGAIN).
If you are using the Versal Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Versal and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Versal Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
When you use the Versal Services, you agree to the collection and use of information, including your personal information as detailed in our Privacy Policy. If you live outside of the United States, you consent to the transfer, storage, and processing of your information, including without limitation the data in your account and any personal information to the United States and/or other countries.
We may modify these terms or any additional terms that apply to the Versal Services to, for example, reflect changes to the law or changes to the Versal Services. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Versal Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Versal Service, you should discontinue your use of that Versal Service.
Suspension or Termination the Versal Services. If Versal becomes aware of any possible violations of these terms of use, Versal reserves the right to investigate such violations. If, as a result of the investigation, Versal believes that you are violating these terms of use, including but not limited to for criminal activities, Versal reserves the right to: (a) contact you about the violation; (b) suspend or terminate access to the Versal Services; (c) notify and fully cooperate with the proper law enforcement authorities for further action; and/or (d) pursue any other action which Versal deems to be appropriate.
If there is a conflict between these terms of service and the additional terms, the additional terms will control for that conflict.
These terms of service control the relationship between Versal and you. They do not create any third party beneficiary rights.
If you do not comply with these terms of service, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, USA., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Versal Services. All claims arising out of or relating to these terms or the Versal Services will be litigated exclusively in the federal or state courts of San Francisco, California, USA, and you and Versal consent to personal jurisdiction in those courts.
Excluding claims for injunctive or other equitable relief, for claims related to the Versal Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Versal or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by You and Versal. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any notice to the Versal under these terms of service must be in writing and will be effective upon receipt, when delivered in person by nationally recognized overnight courier or received by first class, registered or certified mail to the Versal Group Inc., 330 Townsend Street; Suite 205, San Francisco CA 94107.
For information about how to contact Versal for other purposes, please visit our contact page.
We address copyright infringement claims in accordance with the Digital Millennium Copyright Act, and we have a policy of terminating repeat copyright infringers.
The contact information for Versal’s Designated Agent for receipt of notices of claimed infringement:
Versal Group, Inc.
330 Townsend Street; Suite 205
San Francisco, CA 94107
Attn: Copyright Agent
Fax: +1 415.817.1240
Email: help@versal.com