Contents
Please read these terms and conditions carefully before using https://www.skywardfbisd.online/ operated by Skyward FBISD.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Skyward FBISD.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Skyward FBISD.
- Country refers to the United States.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Application.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
By accessing or using our Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, do not access or use our Service.
You acknowledge that you have read these Terms and Conditions, understand them and that you had an opportunity to seek independent legal advice prior to agreeing to them.
Account Terms
You must be at least 16 years of age, an enrolled student, parent or staff member in Fort Bend ISD to access the Service.
To register an account and access the Service, you must provide a valid FBISD email address (Students), a valid username (Parents/Staff), a password and certain profile information such as name, phone number, and affiliation with FBISD.
You are responsible for keeping your password secure and confidential. You are solely responsible for any activity including fraudulent activity that occurs under your username.
You must immediately notify us of unauthorized use of your account or any security breach.
One account is allowed per student. Parents with multiple students may access all under one account. Parents may not share login credentials.
Your account is non-transferable. You may not sell, trade or transfer your account to another party.
User Content
We do not claim any ownership rights in any text, files, images, photos, video or other materials that you upload through the Service. However, by uploading any content on the Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free and transferable license to use, copy, reproduce, process, adapt, modify, publish and distribute the content for the purpose of providing and promoting the Service.
You are solely responsible for the content you upload. Do not upload anything illegal, obscene, harmful, threatening, defamatory or hateful or that infringes on intellectual property rights. We reserve the right to remove any violating content.
Prohibited Uses
In addition to our general practices, the following restrictions apply specifically to use of the Service:
- You may not attempt to gain unauthorized access to the Service, user accounts, systems or networks.
- You may not probe, scan or test server vulnerability without permission.
- You may not impersonate another user or provide false identity information to gain access.
- You may not hack, intercept, emulate, decrypt or reverse engineer any component of the Service.
- You may not use any robot, spider, scraper or other automated means to access the Service.
- You may not introduce viruses, spyware, malware or other malicious components into the Service.
- You may not copy, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or publicly display content from the Service without authorization.
- You may not access or use the Service for competitive analysis or to build a similar product or service.
- You may not sublicense, resell, lease or offer the Service for use by third parties.
Unauthorized, abusive, harmful or unlawful activity may be grounds for account termination and forfeiture of access rights.
Intellectual Property
The Service and its original content, features and functionality are owned by the Company and are protected intellectual property. This includes text, images, videos, graphics and logos.
The Skyward name, logo, trademarks and service marks are intellectual property of Skyward, Inc. and used by the Company under license.
Termination
We may suspend or terminate your account and your access rights at any time for any reason. Reasons can include but are not limited to violation of these Terms, extended inactivity, termination of Service, requests by law enforcement or other government agencies, discontinuance of FBISD service, or unexpected technical issues.
If your access is terminated due to violating these Terms, no refund will be provided for any fees paid.
Upon termination, your access will be revoked. Any data you have stored may be deleted.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied.
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the information provided through the service will be accurate or reliable, (iv) any defects or errors in the software will be corrected.
Any content downloaded from or accessed through the Service is accessed at your own discretion. We are not responsible for any damage to your device, computer system, or loss of data.
Limitation Of Liability
In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of the Service.
Under no circumstances shall the Company have any liability for any damage, loss or injury resulting from hacking, tampering, virus transmission or other unauthorized access or use of the Service.
Indemnification
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand made by any third-party, arising out of your access or use of the Service in violation of these Terms and any applicable law or the rights of a third-party.
Privacy Policy
The use of your personal information by the Company is governed by the Skyward FBISD Privacy Policy available at https://www.skywardfbisd.online/privacy-policy.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, excluding its conflicts of law rules. Any disputes arising from or relating to the Service shall be adjudicated in Texas courts.
Changes To Terms
We may revise and update these Terms occasionally. The revised Terms will take effect immediately from the time of posting. Your continued use of the Service constitutes acceptance of the revised Terms.
We encourage you to review the Terms periodically for any changes. If you do not agree with the revised Terms, you must stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].