Terms and Conditions of Use
Mobile Device Signout ("MDS") was designed and owned by Pixel8ed ("Pixel8ed", "we", or "us"). MDS is a web-based service to assist K-12 schools or other relevant institutions in keeping track of mobile devices (or other related products) that are being used by many different students or people in a school. Throughout these Online Terms and Conditions (the "Terms"), all such information and online services are referred to as the "Services." If you are an individual end user accessing the Services, you understand and agree that the Services are provided to you subject to these Terms. PLEASE READ THE TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SERVICES.
NOTICE TO EDUCATIONAL END USERS. Pixel8ed makes available web based software tools to educational K-12 schools, and those institutions use our product to track mobile devices either by using our online service or by opting to download and install our software on their own internal webserver (in each case, a "School Server"). You understand that, even if you access our Services from a "School Server", these Terms apply to your use of our Services.
For so long as you agree to these Terms and abide by them, you may use and access the Services. Your access to the Services , either by accessing our online hosted site or by accessing our Services installed on a School Server (collectively "Access"), are conditional on your acceptance of the General Terms outlined in this document.
General Restrictions of Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Services to any third-party or other institution. You may not modify or create any derivative product based on the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.
Users must protect their usernames and passwords from unauthorised use.
Disclaimer and limitation of liability
We do not accept responsibility for any devices or other items being lost, stolen, damaged, or otherwise irretrievable while being tracked by the Services. We do not accept responsibility for any loss of data due to misuse, accidental deletion, hardware failure, viruses, hacking, or any other unforeseen circumstances. The Service is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness. We do not guarantee or warrant the Service will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Service is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
You must indemnify us and our employees and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the General Conditions; or
(b) reliance by you on any information obtained through the Services; or
(c) your Access to the Site.
We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.
(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.
(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(c) If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.