Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Cogcentric Labs' learning community management system (Fabric). Your use of Fabric is subject to these Terms of Service (Terms). These Terms will also be applicable to your use of Fabric on a trial basis. By using Fabric, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use Fabric or the onfabric.net network.

2. DESCRIPTION OF FABRIC AND THE ONFABRIC.NET SERVICE

Fabric is the software (product) that enables online learning communities on the onfabric.net network (service). People who register for an account with the service (a community member) can participate in one or more online learning communities running on the onFabric.net network, the domain hosting instances of Fabric. Fabric facilitates the formation and development of learning relationships between members of a learning community through active, meaningful participation. Fabric allows community members to set personal development goals and assists in goal achievement by providing suggestions for actions intended to increase the likelihood of success and/or decrease the likelihood of failure. Fabric provides tools and resources for students, teachers, instructional designers, managers, administrators and other learning community members. Once registered, each community member receives account access that includes a personal profile and portfolio; the ability to post or edit Content (defined in Section 7); engage in dialogue related to that Content; and create and maintain running logs of their activities, histories, resume, portfolio, journal or other data that can be updated and added to over time. Depending on the community member’s role, this account may include the ability to (a) grade and provide feedback on assignments; (b) create and deploy surveys or analyze the results, scores, responses or other data about how learners and participants are developing as individuals or in aggregate; (c) design, build and deploy online learning materials; (d) monitor and address overall activity on the site, such as responding to comments or answering questions. Any future new features in Fabric, including the release of new onFabric.net tools and resources, shall also be subject to these Terms. To use Fabric, you must have access to the Internet, either directly or through devices that access web-based Content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computing device. Use of Fabric may include certain communications from Cogcentric Labs or an administrator of a specific Fabric instance, such as service announcements, administrative messages, or the Cogcentric Newsletter. These communications are considered part of an onfabric.net membership. You may not access the onfabric.net service by any means other than (a) through the onfabric.net web site, or (b) a data interface using methods and/or an API approved by approved by Cogcentric Labs.

3. REGISTRATION

To register as a community member, you must provide us with a valid email address or social media identifier, and other required information (registration data). You may choose a password during the registration process, or in some instances a temporary password will be generated and sent to you with your onfabric.net ID. If you receive a Fabric-generated temporary password, you are responsible for changing it, and for the strength of your password. You are also responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. In consideration of your use of Fabric, you agree to maintain and update true, accurate, current and complete registration data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Cogcentric Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and/or refuse any and all current or future use of the onfabric.net service or any portion thereof, in our sole discretion.

4. CANCELLATION AND TERMINATION

If you delete your onfabric.net membership, your cancellation will take effect immediately. If your cancellation process involves deleting your data, we respect your wishes and will actively and permanently remove any deleted information. As such, we bear no responsibility for data you have asked us to delete. After cancellation, you will no longer have access to any personal information and we reserve the right to delete, irreversibly anonymize or archive any information you have generated but chose not to delete. We accept no liability for such deleted information or Content. After cancellation, your data may be used in research to better understand how people learn, but only after any personal identifiers such as your name and email address have been removed and the data has been aggregated into anonymous data sets. For as long as we continue to offer the onfabric.net service in any form, we will provide and seek to update, improve and expand Fabric software and related products, such as apps or scripts. As a result, we allow you to access onfabric.net as it may exist and be available on any given day and have no other obligations, except as expressly stated in this agreement. We may modify, replace, refuse access to, suspend or discontinue onfabric.net, partially or entirely, or change and modify prices for all or part of our service for you or for all our community members in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any Content that you or others provide when using Fabric software, on the onfabric.net service or other servers. As part of the cancellation or termination process, we may transfer all or part of your Fabric data to another instance or to a server of your choosing. We will only perform a transfer of member data if it is specifically requested, and the instance owner has their own web server, running software approved by Cogcentric Labs as being a valid and stable installation of Fabric, in our sole discretion. Fabric is free and open-source. We bear no responsibility for instances of Fabric running on servers that are not part of the onfabric.net domain and/or are not approved by Cogcentric Labs.

5. ONFABRIC.NET PRIVACY POLICY

We deeply respect your privacy and have taken every reasonable measure, including our use of data encryption, trusted SSL certificates, hardware firewalls and live security teams to ensure that your information remains private unless you express a desire to share your information with others or make it publically available. Even if you share information, you retain the right to unshare or delete information. If you share information located on the onfabric.net domain to social media sites, like Facebook, Twitter, LinkedIn or Instagram, we bear no responsibility for data provided to sites we do not own or control. If you delete information from the onfabric.net domain, Cogcentric Labs is not responsible for its retrieval. Privacy on the onfabric.net service is real, and deletions by members of any data must be considered irreversible. You claim full responsibility for the data you delete and the consequences that may result from that deletion. While we make every effort to ensure our systems are safe and secure and reliably backed up, we cannot guarantee that an unknown vulnerability or exploit may exist that could allow a third party, such as a government spy agency, to access your data without our knowledge or permission. If a security breach is discovered, we will immediately take action to patch, block intruders or otherwise restore a secure perimeter around your data; and we will immediately disclose to you, either by notification or by email, of the nature of the breach and what actions, if any, you should take. If a government or law enforcement entity requests access to your data, we will also disclose this to you and will fight for your right to privacy to the full extent possible under the laws of Canada and its international agreements. We do not now and will never at any future date willingly or knowingly provide access to anyone’s information or Content; to any person, system or organization in any way, other than as part of an aggregate statistic, such as the total number of community members on the site or the average score on a quiz. None of our statistics ever identify individuals and always exist in a completely anonymized form. We will never use a community member’s information for third-party marketing or advertising. The onfabric.net network is private, subscriber-funded and advertising-free.

6. YOUR ACCOUNT AND SECURITY

While we make every effort to secure the onfabric.net domain, you are responsible for maintaining the security of your password, account and data, for all activities that occur or actions taken under the account or in connection with your membership. You agree to immediately notify us in writing or by email to admin@onfabric.net of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

7. YOUR RIGHTS IN YOUR CONTENT

Cogcentric Labs does not claim ownership of your Content, but you give us your permission to host your Content on the onfabric.net domain. This permission exists only for as long as you continue to use the onfabric.net site as a member with a valid account.

8. CONTENT AND CONDUCT RULES AND OBLIGATIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via Fabric or the onfabric.net network (Content) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via Fabric software. We do not control or censor the Content you post via Fabric. By using Fabric, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the Content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via Fabric – such as the use of offensive language or the provision of bad advice. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via Fabric. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You acknowledge and agree that we may preserve anonymized Content and may also disclose Content if forced to do so by law to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our community members and the public. The technical processing and transmission of Fabric data, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that you will not: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, sexually or otherwise objectionable; 
(b) harm minors in any way; 
(c) impersonate any person or entity, including, but not limited to, a Cogcentric Labs official, community member, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Fabric software; 
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; 
(g) upload, post, or transmit unsolicited commercial email or spam. This includes unethical marketing, advertising, or any other practice that is in any way connected with spam, such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting or sharing Content with inappropriate links, titles, descriptions, or (iii) promoting your identity by posting multiple submissions in public forums that are identical (puppet accounts); 
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
(i) interfere with or disrupt onfabric.net or servers or networks connected to Fabric instances, or disobey any requirements, procedures, policies or regulations of networks connected to Fabric instances; 
(j) intentionally or unintentionally violate any applicable local, provincial, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the Toronto, London, New York, or American Stock Exchange or the NASDAQ, and any regulations having the force of law; 
(k) stalk or otherwise harass another; 
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; 
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, provincial, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the onfabric.net service; 
(n) use onfabric.net as a forwarding service to another web site; 
(o) solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes; 
(p) exceed the scope of onfabric.net service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or Content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a community member. Such Content may include, but is not limited to, get rich quick, get paid to surf, pyramid/MLM, or other dubious schemes. 
(r) create Content or commentary that provides an injurious community member experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement. 
(s) upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes in communities unrelated to that content. For example, a gynecological, medical, humanitarian or forensics learning community may openly distribute content that would be disturbing or offensive in an elementary school learning community. We retain the right to terminate any account or community member who has violated any of the above prohibitions.

9. FEES/PAYMENT

Some of the features of the onfabric.net service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described in the member account settings you have selected. We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of onfabric.net and payments you make to us.

10. DOWNGRADE

Downgrading your account from a paid membership to a public contributor may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.

11. ADDITIONAL SOFTWARE

If you elect to download or access any additional software or third party Content made available by us through the onfabric.net service or from Cogcentric Labs, you must agree to additional terms and conditions before you use such software or third party Content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or Content.
Your use of any third party software or Content obtained through the onfabric.net domain does not transfer to you any rights, title or interest in or to the third party software or such Content beyond the terms contained in the third party provider's terms of service or license.

12. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content for your region and culture. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

13. LINKS

An onfabric.net instance may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. INDEMNITY

You agree to indemnify and hold Cogcentric Labs, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to any instance of Fabric, violation of these Terms, or violation of any rights of another.

15. ADDITIONAL FEES

Some instances on the onfabric.net domain may, at their discretion, charge additional fees above and beyond the base monthly subscription fee for running their instance of Fabric, or bundle onfabric.net instance subscriptions with other fees. For example, a professional organization may decide to bundle their annual membership fee to include access to a related professional learning community running on the onfabric.net network, or a university may bundle onfabric.net access into their student fees. Other instances may be made free and open to the public through grants or private funding. We let our instance owners decide how they would like to structure fund their instance, so we are not responsible for additional fees or changes in fees that other organizations may decide to impose within their instances or bundle with other fees beyond the base subscription required by Cogcentric Labs to be an instance owner.

16. GENERAL PRACTICES REGARDING MAINTENANCE AND STORAGE

We may establish general practices and limits concerning use of Fabric and may modify such practices and limits from time to time with or without notice to you. We may set up new data centers as we grow, replace old equipment, add remote backup locations or disaster recovery sites (in case one of our data centres is destroyed in an event such as an earthquake or bombing) as needed, requiring us to migrate copies of your data between machines from time to time with or without notice to you.

17. OUR PROPRIETARY RIGHTS

You acknowledge and agree that while Fabric and any necessary software used in connection with Fabric (Software) may be free and open-source, some aspects of the onfabric.net service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the onfabric.net domain via embedding (such as a YouTube video) may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or external content providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content you do not own, in whole or in part. We DO NOT want to receive any confidential or proprietary information from you through onfabric.net, cogcentric.com or by email. Unless otherwise agreed to in writing by an authorized Cogcentric Labs representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy (as defined herein).

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF FABRIC IS AT YOUR SOLE RISK. FABRIC IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO FABRIC, OR OTHER INTERACTION WITH FABRIC. YOU ARE RESPONSIBLE FOR MANAGING YOUR DATA AND INFORMATION THAT MAY RESIDE ON AN INSTANCE OF FABRIC. WHILE WE MAKE EVERY EFFORT TO PROVIDE THE BEST PRODUCTS AND SERVICES POSSIBLE, COGCENTRIC LABS DOES NOT WARRANT THAT (i) FABRIC WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) FABRIC WILL BE ETERNALLY UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FABRIC WILL BE PERFECTLY ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH AN INSTANCE OF FABRIC WILL FLAWLESSLY MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN FABRIC WILL BE IMMEDIATELY CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FABRIC IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

19. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COGCENTRIC LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FABRIC; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FABRIC; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FABRIC; OR (v) ANY OTHER MATTER RELATING TO FABRIC. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO FABRIC SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF FABRIC MEMBERSHIP OR INSTANCE SUBSCRIPTION IN QUESTION.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. GENERAL

We may provide notices to you via either email or regular mail. Cogcentric Labs may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on an instance of Fabric. These Terms and the relationship between you and Cogcentric Labs shall be governed by the laws of Canada without regard to its conflict of law provisions. You and Cogcentric Labs agree to submit to the personal and exclusive jurisdiction of the courts located within Canada. The failure of Cogcentric Labs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of any instance of Fabric, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party Content or related third-party software. If any provision of these Terms or incorporated documents are 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 remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Fabric or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

22. VIOLATIONS

Please email admin@onfabric.net to report any violations of these Terms.