Terms and Conditions for The Virtual Schools Exam Builder

Welcome to the Virtual Schools Exam Builder, which is designed to help educators create and administer exams. Before you start using our software, please read these terms and conditions carefully. By using our software, you agree to be bound by these terms and conditions.

1. Use of the Virtual Schools Exam Builder

The Virtual Schools Exam Builder is intended for use by educators to create and administer exams, tests and assignments. You may use the software only for lawful purposes and in accordance with these terms and conditions. You are responsible for ensuring that you have the necessary rights to use any content that you upload to the software.
You agree to pay all fees associated with the Virtual Schools Exam Builder in a timely manner. Payment must be made in full prior to use of the software. We reserve the right to change the fees for the software at any time. If we change the fees, we will notify you in advance and give you the option to terminate your use of the software.
The Virtual Schools Exam Builder and all of its contents, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are the property of our company or its licensors and are protected by South African and international copyright laws. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from the Virtual Schools Exam Builder outside of any official Virtual Schools channel.
The Virtual Schools Exam Builder allows you to upload content, including questions, answers, and exams. You are solely responsible for the content that you upload to the software. You represent and warrant that you have all necessary rights to upload such content and that the content does not violate any third party’s rights or any applicable law. By uploading publicly searchable content to our software, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the Virtual Schools Exam Builder and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Unless you mark your content publicly searchable, we will treat all your content as confidential and will not disclose it to any third party without your consent, except as required by law or as necessary to provide the Virtual Schools Exam Builder to you.
The Virtual Schools Exam Builder is provided “as is” and without warranty of any kind. We make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or title, as to the operation of the Virtual Schools Exam Builder, the accuracy or completeness of its content, or any other matter related to the software. We do not warrant that the Virtual Schools Exam Builder will be uninterrupted or error-free, that defects will be corrected, or that the software or the server that makes it available are free of viruses or other harmful components. We are not responsible for any delays, inaccuracies, errors, or omissions arising from your use of the Virtual Schools Exam Builder.
In no event shall we or our affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Virtual Schools Exam Builder, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action arising out of or in connection with these terms and conditions or your use of the Virtual Schools Exam Builder exceed the amount paid by you, if any, for accessing or using the software. You agree to indemnify and hold us and our affiliates harmless from any and all claims, damages, and expenses (including attorneys' fees) arising out of or in connection with your use of the Virtual Schools Exam Builder, your violation of these terms and conditions, or your violation of any rights of another.
Any content that you choose to make publicly searchable on the Virtual Schools Exam Builder may be accessed and used by other users of the software or members of the public. You acknowledge and agree that such content may be freely used, copied, and distributed by third parties, and we are not responsible for any such use or distribution. You represent and warrant that you have all necessary rights to make such content publicly searchable and that such content does not violate any third party's rights or any applicable law.
Any content that you choose to make private on the Virtual Schools Exam Builder will only be accessible to users within your organization or your personal profile. You acknowledge and agree that such content will not be made publicly searchable or accessible to third parties without your consent. You represent and warrant that you have all necessary rights to make such content private and that such content does not violate any third party's rights or any applicable law.
We may terminate your use of the Virtual Schools Exam Builder at any time, with or without cause, without notice to you. Upon termination, you must immediately cease all use of the software and destroy all copies of any materials obtained from the software.
These terms and conditions shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these terms and conditions shall be resolved exclusively through binding arbitration.
We reserve the right to modify these terms and conditions at any time, without notice to you. Your continued use of the Virtual Schools Exam Builder after any such changes constitutes your acceptance of the new terms and conditions.
Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
If you have any questions or comments about these terms and conditions or our Exam Builder Software, please contact us at..............