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Terms Of Use

Note: These Terms of Use ("Terms") govern your access and use of our Digication™ online ePortfolio, assessment management system, and learning community software, content, and services. In order for you to access and use Digication, you must agree to these Terms. Please click on the "I Accept These Terms" button to accept these Terms. If you do not agree to these Terms, please exit our Website now.

By registering for or using Digication, you agree to abide by these Terms. These Terms constitute a legally binding agreement ("Agreement") between you and Digication, Inc., the provider of Digication. In the Agreement, the terms "you" and "your" refer to you, an individual user of Digication, and the terms "we", "us" and "our" refer to Digication, Inc. For reference, capitalized terms used in the Agreement are defined in the Definitions section at the end of the Agreement.

1. Your Rights to Access and Use the Service

When you register for Digication and agree to these Terms, we grant you a non-exclusive, non-transferable right and subscription to remotely access and use Digication via the internet, using a compatible web browser or our mobile applications. This right is limited to your personal or, if you are a teacher or administrator, your internal business use. Your right to access and use Digication depends on:

  • For students, this means you may use Digication as long as you are enrolled at an institution that provides Digication to its students or you have access to a Pro version of Digication.
  • For teachers, administrators, and staff this means you may use Digication as long as your institution maintains its subscription for Digication or you have access to a Pro version of Digication.
  • For Pro users, you may access and use Digication as long as your subscription payments are current or your institution provides a version of Digication that includes Pro.

Your use of Digication is also subject to any service level or subscription agreements that may exist between us and your institution and any rules established by your institution.

2. Your Content

You own the content you create and upload to Digication. By using Digication, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, and display your content solely for the purpose of providing the service to you and other authorized users according to your sharing settings. We will not use your content for other purposes without your explicit consent.

You represent and warrant that you have all necessary rights to the content you upload to Digication and that your content does not infringe on any third-party rights or violate any laws. You are responsible for backing up your content, although we make reasonable efforts to protect it.

3. Acceptable Use

You agree to use Digication only for lawful purposes and in accordance with these Terms. You agree not to:

  • Upload or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Upload or distribute any content that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
  • Interfere with or disrupt Digication or servers or networks connected to Digication
  • Attempt to gain unauthorized access to other user accounts, computer systems or networks through password mining or any other means

4. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. By using Digication, you consent to the collection and use of information as described in our Privacy Policy.

5. Intellectual Property

All content and materials available through Digication, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are the property of Digication, Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not modify, reproduce, distribute, create derivative works from, publicly display, or in any way exploit any of the content, software, or materials on Digication in whole or in part, except as expressly permitted by these Terms or applicable law.

6. Termination

We reserve the right to suspend or terminate your access to Digication at any time, with or without cause and with or without notice. Upon termination, your right to use Digication will immediately cease.

If you are a student, your access may end when you are no longer enrolled at your institution or when your institution no longer subscribes to Digication. If you are a Pro user, your access may end if your subscription payments are not current.

7. Disclaimer of Warranties

DIGICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT DIGICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DIGICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGICATION, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF DIGICATION.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Providence, Rhode Island.

10. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Digication website. Your continued use of Digication after any changes constitutes your acceptance of the new Terms.

11. Definitions

  • "Digication" refers to our online ePortfolio, assessment management system, and learning community software, content, and services.
  • "Pro" refers to the paid version of Digication that offers additional features and capabilities.
  • "Institution" refers to a school, college, university, or other educational organization that has entered into an agreement with Digication, Inc. to provide Digication to its students, teachers, administrators, and staff.
  • "Website" refers to the websites operated by Digication, Inc., including but not limited to digication.com and its subdomains.

If you have any questions about these Terms, please contact us at legal@digication.com.

Last updated: January 1, 2024