Effective Date: May 9th, 2019
MISS.MOE, Inc. (“MISS.MOE,” “Website,” “Company”, “Platform,” or “Service”) offers use of its website (https://www.miss.moe) according to these Terms of Service. Individuals who use the website shall hereafter be referred to as “Course Instructors,” “Instructors,” “Teachers,” “Trainers,” “Students,” “Trainees,” “Content Providers,” “Users,” “Members,” “Visitors,” “Viewers,” “Audience,” or “Content Uploaders.” Any content uploaded to MISS.MOE (including user comments, forum posts, media, information, etc.) shall hereafter be referred to as “Media,” “Content,” “Material,” “Property,” “Information,” or “Posts.”
Use of the MISS.MOE website constitutes the user’s acceptance of these Terms of Service and this agreement. User’s continued use of the MISS.MOE website or any of its services constitutes acceptance of these terms and any modification thereof. Violation of any terms may result in termination of User’s account. MISS.MOE reserves the right to terminate any user account for any reason and without warning.
Please read these Terms and Conditions carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
CHANGES TO THIS TERMS OF SERVICEWe may update our Terms of Service from time to time. We will notify you of any changes by posting the new Terms of Service on this page.
We will let you know via email and/or a prominent notice on our Website prior to the change becoming effective and update the "effective date" at the top of this Terms of Service.
You are advised to review this Terms of Service periodically for any changes. Changes to this Terms of Service are effective when they are posted on this page.
MISCELLANEOUS TERMSGoverning Law and Venue User irrevocably consents that the venue for resolving matters regarding MISS.MOE, the MISS.MOE website, or any of its services shall be in the County of San Diego, California, under the laws of the State of California.
Severability If any court finds any provision of this Agreement invalid or unenforceable, it shall not void any other legal, valid, and enforceable provision of this Agreement. The remainder of this Agreement shall be interpreted so as best to affect the intent of the Parties.
Waiver The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. No provisions in this Agreement shall be deemed to have been waived by any act, acquiescence, or omission by either Party. Waiver may only take place in the event of a written modification signed by an authorized agent of each Party.
Agreement By using the MISS.MOE website or any MISS.MOE services, user agrees to all terms within this Terms of Service.
Indemnification Except to the extent of the negligence or willful act or omission of MISS.MOE, user agrees to defend, indemnify, save and hold harmless, MISS.MOE and its stakeholders, officers, employees (including any freelancers and other independent contractors or subcontractors providing services), successors, heirs, and assigns from any and all third party claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including reasonable attorney fees and costs), and other liabilities arising as a result of actions or omissions taken by user in connection with MISS.MOE. Any settlement user enters into that is intended to bind MISS.MOE may not be entered into without MISS.MOE’s prior written consent.
MISS.MOE RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME AND FOR ANY REASON. MISS.MOE ALSO RESERVES THE RIGHT TO BLOCK, BAN, REMOVE, DELETE, OR RESTRICT ANY MEMBER OR ANY UPLOADED CONTENT AT ANY TIME, FOR ANY REASON, AND WITHOUT WARNING.
USER ACCOUNTSWhen you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You may not use a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
MISS.MOE does not sell or profit from the transfer of our users’ information or data to third parties.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Users must take reasonable steps to maintain the security and privacy of their user accounts. MISS.MOE shall not be responsible for any damage due to unauthorized account access.
COMMUNITY USERS & SAFETYMISS.MOE is an open community that welcomes all those employed within the education field. MISS.MOE does not engage in any type of screening process for MISS.MOE community users/members. USERS BEWARE of providing other MISS.MOE users, even course instructors, with personal information. Dissemination of such information is not recommended. It is also not recommended that users personally meet with other users that they did not know before joining the MISS.MOE community. This type of action may be extremely dangerous and should not be taken.
MISS.MOE does not screen Users of the platform. Meeting Users outside of this online network, or entering into deals with Users outside of this network, or exchanging personal information with users is not recommended. THIS CAN BE DANGEROUS AND POSSIBLY LIFE THREATENING! MISS.MOE is not liable for any damages that may occur from such actions.
PUBLIC FEEDBACK & SUPPORT FORUMSBecause of the communal nature of MISS.MOE, one of MISS.MOE’s features are public feedback and support forums, which can be found in Groups, Courses, and other various areas of the Website. These forums allow community members to assist other community members with questions. By submitting a question using any one of these public forums, the User understands that everyone in the MISS.MOE community can potentially see the question, and anyone in the MISS.MOE community, no matter their expertise, can answer the question.
MISS.MOE is in no way responsible for the level of expertise, the quality of aid, or the accuracy of advice of the users assisting other members in the public feedback and support forums. Users understand that they are to take the advice of other users in the feedback forum at their own risk. Dissemination of any private/personal information (login credentials, billing information, etc.) to other users via the feedback forum is not recommended. This type of action may be dangerous and should not be taken.
LICENSE AND SITE ACCESSMISS.MOE grants users a limited license to access and make personal use of this site and not to download, copy, imitate, falsely represent, or modify it (or any portion of it) except with the express written consent of MISS.MOE. Any unauthorized use terminates the permission or license granted. You are granted a nonexclusive, revocable right to create a hyperlink to the MISS.MOE website.
AGE REQUIREMENTSUser warrants that he or she is at least 18 years of age prior to using this Website.
USE RESTRICTIONSThere are certain uses of the MISS.MOE platform that are not permitted. These include but are not limited to:
- to distribute unsolicited emails or messages (spam);
- for unlawful purposes;
- to distribute obscene, pornographic, threatening, or hateful material;
- to spread computer viruses or malware;
- to send threats to users, Company personnel or anyone else;
- to violate the security of another user’s private/personal information (name, address, image, etc.) without their consent or in any way that may be harmful to said user;
- to take, steal, or infringe upon the works or rights of others;
- to upload materials that do not belong to the user (or which the user does not have granted permission, consent, or license from the materials’ owners to upload); and
- for any other purpose other than MISS.MOE’s intended use.
CONTENT RESTRICTIONSUser warrants that he or she will not upload or contribute any material or information to the Website that:
- is obscene in nature;
- promotes hate against others;
- threatens others;
- depicts child nudity;
- is pornographic in nature;
- breaks the law;
- is not original to or owned by Content Uploader (or Content Uploader does not have license, consent, or permission from the materials’ rightful and legal owners to upload the material); constitutes harassment (sexual and/or otherwise) of another user;
- violates the security of another user’s private/personal information (name, address, image, etc.) without their consent or in any way that may be harmful to said user;
- violates the security of an underage person (younger than 18 years old) private/personal information (name, address, image, etc.) in any way, in any circumstances, and for any reason; will infringe on the rights of others, breach any laws, breach any regulations for use of MISS.MOE; or that
- could be reasonably deemed inappropriate for viewing in a public forum.
SELLING CONTENT ON MISS.MOEMISS.MOE is intended to be a community platform or professional learning community (PLC) where users from the education field may share their courses, training, seminars, and workshop instruction with other users for free.
As such, MISS.MOE does not condone nor support Users engaging in the unauthorized sale of courses, digital badges, or any other content to other Users on its Website. Doing so will constitute a violation of this Terms of Service.
ADVERTISEMENTS & PROMOTIONSMISS.MOE does not profit from advertisements on its Website, nor does the Website support any type of advertisements or advertisement systems.
However, Instructors/Trainers retain the right to promote purchasable, off-site (e.g. not located on the MISS.MOE platform) courses, books, and other materials and resources within their MISS.MOE courses, provided that they do not make any purchase conditional to the successful completion of the course or to earning a digital badge.
Users may also promote purchasable, off-site courses, books, and other materials and resources on their profile/portfolio pages and (when reasonably appropriate) within Groups and other social areas of the Website, provided that doing so does not violate the Service’s Terms prohibiting spam. Promotions posted within any of the various social areas of the Service that are deemed unwanted, irritating, or excessive by MISS.MOE staff may be removed from the Website, and the responsible Users may be warned and/or have their user accounts deleted or blocked from accessing the Service.
MISS.MOE makes no warranties regarding the success, number of clicks, or conversions for any materials or information users decide to promote on MISS.MOE.
RIGHT TO TERMINATEMISS.MOE reserves the right to terminate or restrict any User’s account; to block any User; or to delete/remove any User’s content at any time and for any reason. Violation of any of these Terms of Service will result in termination of the violators account. If a User makes repeated violations under different accounts, User agrees that MISS.MOE has the right to block the violating IP address in order to prevent further and continued violations.
ACCESSIBILITYMISS.MOE strives to ensure that its services are accessible to all. Please review the MISS.MOE Accessibility Statement for more information and for tips on how to improve the accessibility of the Website: https://miss.moe/accessibility. Unless otherwise defined in this Terms of Service, the terms used in this Terms of Service have the same meanings as in our Accessibility Statement. If you are experiencing difficulty with any content on MISS.MOE, would like to report an accessibility issue, require assistance with any part of our site, or have any other questions or requests for assistance, please contact us using the MISS.MOE Customer Support contact form, and we will be happy to assist you.
COPYRIGHT POLICYOur Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
All users/visitors of this site confirm that they will not violate or infringe upon any intellectual property rights of MISS.MOE, of any other user, or of any other individual or entity. These warranties given by the Content Uploader apply to all content that is uploaded onto the MISS.MOE platform by the Content Uploader. Any materials added to courses (video tutorials/clips, text, images, etc.) must be royalty-free or the Content Uploader must have received consent (license or permission) from the media owners to utilize their media as it is used in the lessons/courses.
MISS.MOE hosts third party materials, such as content created or submitted by MISS.MOE community users. MISS.MOE has an irrevocable license to use this content in perpetuity throughout the world. Users give MISS.MOE a license to host the content they upload to the Website, and to utilize it for promotional uses throughout the world.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes upon the copyright or other intellectual property ("Infringement") of any person.
MISS.MOE is a communal website, and as such, it cannot be and is not responsible for any content posted by other community users. If you are a copyright owner, or authorized on behalf of one, and you believe in good faith that an instance of Content found on MISS.MOE has been copied in a way that constitutes an infringement on your copyright or intellectual property, you must submit your notice in writing by following our DMCA Notice Procedure.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
- A description of the intellectual property that is being infringed upon;
- A description of the location of the infringing property—hyperlink works best;
- Your name, address, telephone number, and email address;
- A statement that you believe in good faith that the material is not authorized for use by the intellectual property owner, its agent, or under the law;
- A statement by you, made under penalty of perjury, that the above information is true and correct and that you are the intellectual property owner or an authorized person acting on behalf of the intellectual property owner; and
- An electronic signature of the person attesting to the truth of the notice.
MISS.MOE’S INTELLECTUAL PROPERTYMISS.MOE reserves all rights to its trademark, its name, website, and logo. The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of MISS.MOE and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MISS.MOE.
CONTENT LICENSESContent on this site, such as text, graphics, logos, icons, images, audio clips, video clips, and other media are the property of MISS.MOE or MISS.MOE has an unlimited license to use such media.
MISS.MOE does not sell any user created content to any other user or to any third party. Content Uploaders retain any and all of their rights to any Content they submit, post, or display on or throughout the Website and they are responsible for protecting those rights.
However, by uploading their content to MISS.MOE, all Content Uploaders grant MISS.MOE a nonexclusive, perpetual, irrevocable, royalty-free, compensation-free, worldwide license to use their names and uploaded content on its website and for (external or internal) promotional uses throughout the world, an unlimited number of times in perpetuity.
Said license will extend to the use of the names, voices, and likenesses of any and all persons, characters, or locations that may be found within any components of the media that the Content Uploaders voluntarily upload to the website.
Without in any way limiting their respective intellectual property rights, Content Uploaders acknowledge that MISS.MOE has the full and unrestricted right to use, modify, edit, publicly perform, publicly display, reproduce, and distribute their uploaded content in connection with the licenses granted and described within this Agreement. By uploading content, Content Uploader relinquishes any claim for infringement of Content Uploader’s intellectual property rights during the time that content remains on the MISS.MOE platform.
Content Uploaders hereby waive any right of inspection or approval of their uploaded and/or edited media in connection with the uses to which such media may be put as described within the bounds of this Agreement.
Content Uploaders recognize that MISS.MOE is also not mandated or obligated (nor does MISS.MOE make any promise or guarantee) in any way to utilize their uploaded content for any specific purpose. MISS.MOE may use or not use this license as it deems necessary.
Content Uploaders agree that this license includes the right for MISS.MOE to make their Content available to other users of the Service, who may also access their Content subject to these Terms.
NO EMPLOYMENT RELATIONSHIPNothing in this Agreement shall create any type of employer/employee, agency, or joint venture relationship between MISS.MOE and any User or Content Uploader.
LINKS TO OTHER WEBSITESOur Service may contain links to third-party web sites or services that are not owned or controlled by MISS.MOE. MISS.MOE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MISS.MOE 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
COURSE CONTENT & USER BEHAVIORMISS.MOE makes no representation on the quality or content of courses. Users enroll in courses at their own risk. Each individual course instructor maintains their own policy regarding student satisfaction. Students/Trainees should attempt to resolve any disputes regarding courses or course content with the course Instructor/Trainer.
Users agrees to indemnify and hold harmless MISS.MOE of any and all conflicts or disputes that may arise between Course Creators/Instructors/Trainers and Course Enrollees/Students/Trainees, as well as between any other Users on the Website.
You understand that MISS.MOE is in no way responsible or liable for:
- Any other User’s actions, behavior, statements, or sentiments;
- The quality of, sentiments expressed in, statements made by, or the truth or accuracy of a User’s media and course content;
- The quality of a User’s instruction, courses, or digital badges; or
- User ratings and reviews of courses and trainers.
ONLINE COURSE & INSTRUCTOR RATINGS AND REVIEWSMISS.MOE allows users to leave public ratings and feedback/reviews of courses, instructors/trainers, and digital badge offerings. The Website does not have a screening process for these ratings and/or reviews. Instructors/Trainers should attempt to resolve any disputes regarding ratings or reviews left for their courses and digital badge offerings with the Users who authored the ratings/reviews. MISS.MOE offers no warranties, makes no promises, and is not liable for the quality, language, or sentiments associated with the ratings and reviews for courses, instructors/trainers, or digital badge offerings left by Website participants.
If you believe in good faith that a rating/review contains unlawful content or content that violates any portion of this Terms of Service, you may submit a User Report by following the guidelines described within these Terms under “Course Content & User Behavior.”
VERIFIABLE DIGITAL BADGES, OPEN BADGES, AND BADGR BACKPACKThe MISS.MOE platform allows Users to issue Verifiable Digital Badges to other Users conditional to the completion of an online course/training of their creation. MISS.MOE does not set the standards or conditions for the digital badges it permits Users to host and issue to others on its platform. Rather, these are established by User who serves as the digital badge issuer.
A variety of third parties may use the MISS.MOE platform to host online courses/trainings and digital badges, including but not limited to, individuals, schools and school districts, companies and corporations, and non-profit organizations. MISS.MOE does not have a screening process for these Users, online courses/trainings, or any associated digital badges. USERS TAKE ONLINE COURSES AND PURSUE DIGITAL BADGES ON THE WEBSITE AT THEIR OWN RISK. Please consult with the public ratings and reviews for online courses left by other users prior to enrolling in an online course or pursuing a digital badge.
MISS.MOE offers no warranties or guarantees of the authenticity, quality, or employability associated with the digital badges provided by the various third parties (“Users”) on its Website. MISS.MOE offers no warranties, guarantees, or verifications of (and is in no way responsible for) the knowledge, skills, accomplishments, behavior, or employability of Users who have earned digital badges offered by the various third parties on its Website.
“Verifiable Digital Badge” means that the ownership of the digital badge and the standards or conditions associated with the issuance (earning) of the digital badge can be verified by another individual through “metadata.” Users must be aware that the standards and conditions associated with the issuance of a digital badge can change at any time, and without warning, at the discretion of the digital badge issuer (the course instructor/trainer).
The Verifiable Digital Badges hosted on the MISS.MOE platform are compatible with Mozilla Open Badges and Badgr Backpack. USERS ARE ADVISED TO BACKUP THE DIGITAL BADGES THEY EARN ON THE MISS.MOE PLATFORM TO A BADGR BACKPACK ACCOUNT.
For more information on Mozilla Open Badges and Badgr Backpack, please visit their corresponding websites here: https://openbadges.org/get-started/ and here: https://backpack.openbadges.org.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES WILL MISS.MOE’S LIABILITY EXCEED THE AMOUNT THAT A USER HAS PAID TO MISS.MOE HEREUNDER. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, MISS.MOE AND ITS OWNERS, OFFICERS, SUCCESSORS, PERSONNEL, HEIRS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY CONSEQUENTIAL, SPECIAL, OR STATUTORY DAMAGES, LOSS OF REVENUE, LOST PROFITS, LOSS OF CONTENT, LOSS OF DATA, PRIVACY LOSS, LOSS OF GOODWILL, OR ANY OTHER LOSSES, EVEN IN THE CASE OF STRICT LIABILITY, INTENTIONAL TORTS, NEGLIGENCE TORTS, OR BREACH OF CONTRACT.
Some jurisdictions do not allow limitations on liability, limitations on implied warranties and/or the limitation of certain damages. If user is in one of these jurisdictions, some or all of the disclaimers contained within these Terms of Service may not apply to that user. If any part of these Terms of Service are found to be unlawful, it shall have no effect on any other provision.
In no event shall MISS.MOE, 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 or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
AVAILABILITY, ERRORS, AND INACCURACIESWe are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
MISS.MOE WARRANTIES & WEBSITE DOWNTIMEMISS.MOE makes no warranties unless they are expressly stated within these Terms of Service. MISS.MOE expressly disclaims any alleged/implied warranties or conditions, merchantability, safety, fitness for any particular purposes, abilities, functions, non-infringement, performance, or any other warranties regarding the use of its website or services.
USERS VOLUNTARILY USE THE WEBSITE AT THEIR OWN RISK. The Website and all information, content, materials, products, and services included or otherwise made available to users is provided by MISS.MOE on an “AS IS” and “AS AVAILABLE” basis. There are no guarantees that users will be able to upload content. There are no guarantees as to the website’s uptime or downtime.
MISS.MOE, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Service will function uninterrupted, or be secure or available at any particular time or location;
- Any errors or defects will be corrected;
- The Service is free of viruses or other harmful components; or
- The results of using the Service will meet your requirements.
GOVERNING LAWThese Terms shall be governed and construed in accordance with the laws of the County of San Diego, California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.