Terms of Service

“MetaGlance Services” are web services accessible through URL’s that start with "http://service.metaglance.com." MetaGlance Services analyze files or text passages and return metadata. We offer free and paid subscriptions to MetaGlance Services.

The following terms and conditions govern the use of MetaGlance Services. Please read them carefully before using MetaGlance Services.

Last Update: These Terms of Service were last updated on April 6, 2010.

  1. Agreement: By using MetaGlance Services you agree to abide by these terms and conditions and by all rules, policies, and procedures published from time to time on this web site including without limitation the Privacy Policy and Terms of Use and Terms for Paid Subscriptions.  (“the Agreement”).
  2. Legal Names: “Eduworks” refers collectively to Oregon companies Eduworks Corporation and Eduworks Software, LLC.
  3. Ownership: MetaGlance Services are owned and operated by Eduworks.
  4. Trademarks: “MetaGlance” and “metaglance.com” are trademarks or registered trademarks of Eduworks and may not be used under any circumstances without the prior written authorization of Eduworks.
  5. Permitted Use: You may use the MetaGlance Services if you have a paid or free subscription. All such use is subject to the terms and conditions of this Agreement and to any restrictions and limitations associated with your subscription.
  6. Responsibilities: You are responsible for your use of MetaGlance Services, for maintaining your use of MetaGlance Services, for any content you submit or cause to be submitted to a MetaGlance Service, and for any consequences of using MetaGlance Services. If you have a paid subscription, you are responsible for maintaining a valid method of payment.
  7. Limitations on Use: You agree not to use or knowingly help a third party use MetaGlance Services for any unlawful purpose or to commit any fraud. You agree not to circumvent, try to circumvent, or knowingly help a third party circumvent any security measures, limitations or restrictions on the use of MetaGlance Services. You agree not to create web sites, applications or services that resell or repackage any MetaGlance Service without express written permission of Eduworks.
  8. Free Subscriptions: Free subscriptions are offered as a service to the community. Free subscriptions have restrictions and limitations which you may request be changed and which will be changed at Eduworks sole discretion. You agree not to register for or create multiple free subscriptions or free accounts for use with the same web site or application or to provide the same service or to circumvent the restrictions and limitations placed on such accounts.
  9. Your Content: By submitting or causing to be submitted content to a MetaGlance service you represent and warrant that you have the right to submit or cause the content to be submitted, that the content does not infringe on any intellectual property rights including copyrights and marks, and that the content is free from and does not install any viruses, worms, malware, Trojan horses or any other destructive or harmful code. You hereby grant to Eduworks a non-exclusive, royalty-free, perpetual, world-wide license to store, process and analyze all such content and all data generated or extracted from such content by a MetaGlance Service. Such content and data are subject to the privacy policy published from time to time on this web site.
  10. Disclaimers and Limitation of Liability: EDUWORKS CANNOT AND DOES NOT INSPECT ALL CONTENT SUBMITTED TO A METAGLANCE SERVICE OR DATA GENERATED BY A METAGLANCE SERVICE. EDUWORKS BEARS NO RESPONSIBILITY FOR SUCH CONTENT OR DATA OR FOR HOW IT IS USED OR WHAT EFFECT IT MAY HAVE. EDUWORKS MAKES NO REPRESENTATIONS ABOUT SUCH CONTENT OR DATA AND DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM, OFFENSE, OR VIOLATION OR INFRINGEMENT OF ANY RIGHTS RESULTING FROM SUCH CONTENT OR DATA OR THE USE OF METAGLANCE SERVICES.
     

    EDUWORKS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. METAGLANCE SERVICES ARE PROVIDED "AS IS." EDUWORKS MAKES NO WARRANTY THAT ANY METAGLANCE SERVICE WILL BE ERROR-FREE. EDUWORKS  MAKES NO WARRANTY CONCERNING THE AVAILABILITY OR CONTINUITY OF METAGLANCE SERVICES.

    IN NO EVENT WILL EDUWORKS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE A METAGLANCE SERVICE OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN A METAGLANCE SERVICE.

  11. Indemnification: You agree to indemnify and hold harmless Eduworks, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of MetaGlance Services, including but not limited to out of your violation of this Agreement.
  12. Termination:  Eduworks may terminate or suspend your access to any MetaGlance Service at any time without notice and effective immediately if you fail to pay required fees, if you exceed or violate any limitations or restrictions on use, or if Eduworks reasonably believes you have violated this Agreement. Access to any MetaGlance Services for which you have not paid a fee may be suspended or terminated without cause and without notice at any time. Eduworks may terminate or suspend your access to any paid MetaGlance Service upon 30 (thirty) days notice without cause.
  13. Effect of Termination: All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  14. Intellectual Property: Neither this Agreement nor the use of a MetaGlance Service grants or transfers to you any rights or license in Eduworks or third-party intellectual property.
  15. Changes:  Eduworks may modify or replace any part of this Agreement at any time at its sole discretion.  You agree to check this Agreement periodically for such changes. Following the posting of any such changes, your continued use of or access to MetaGlance constitutes acceptance of those changes.  Eduworks may add to or modify MetaGlance Services at any time. Any such additions or modifications shall be subject to the terms and conditions of this Agreement.
  16. Assignment: Eduworks may assign its rights under this Agreement without condition.  You may not.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  17. Severability:  If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be in any way impaired.
  18. Force Majeure: Eduworks shall not be responsible for any failures in performance due to circumstances beyond its control. 
  19. Entire Agreement: This Agreement (including the documents referred to in this Agreement) constitutes the entire agreement and understanding between you and Eduworks with respect to the subject matter of this Agreement. 
  20. Modifications: This Agreement may only be modified by a written amendment signed by an authorized executive of Eduworks or by the posting by Eduworks of a revised version.
  21. Choice of Law: This Agreement shall be governed by, enforced, and interpreted according to the laws of the State of Oregon.  All litigation shall be brought in Benton County Circuit Court or in the U.S. District Court for Oregon.