FullMarks Terms and Conditions

If You use http://fullmarks.org.za then these terms and conditions apply to You, and by using the site You agree that You are bound by them:

NOTE: If You are younger than 18 years of age then You may not create an account but You may browse the site and take tests. If your require your parent or guardian's consent to agree to these terms and conditions then by using the site You are representing to FullMarks that your parent or guardian has consented.

Definitions

"Derivative"means a work based upon another pre-existing work or works and includes an adaptation of a work, translation, dramatization, fictionalization, abridgement, condensation, or any other form in which the pre-existing work may be recast, transformed, or adapted.

"FullMarks" means refers to everyone involved in offering the FullMarks website as well as FullMarks on any mobile platform, and includes theShuttleworth Foundation (SF Advisors South Africa (Pty) Ltd), its employees, agents, grantees and associates.

"Full Marks site" means http://fulllmarks.org.za and successor websites

"Submission" means a question, reference material or the like

"You" means an individual making use of the FullMarks site by loading it, reading, browsing, taking tests, and includes anyone who creates an account.

Copyright and Trademark

  1. The custom-developed software used on this site is licensed under the current GNU General Public License (http://www.gnu.org/licenses/gpl.html).

  2. The theme and appearance of our website is all rights reserved. You may not make copies or derivatives other than those technically necessary to use this site.

  3. You may not use the name "FullMarks" or our logo except to attribute the site as required by the Creative Commons licences, or under a copyright exception. You may not use them to create an impression that any site which uses code, questions or reference material from this site is endorsed by Full Marks.

  4. All of the questions on the FullMarks site are licensed under a Creative Commons Attribution South Africa 2.5 licence (http://creativecommons.org/licenses/by/2.5/za/). That means that any member of the public can freely copy, distribute, display and perform and make derivatives, including all rights reserved derivatives, provided that they credit the original and subsequent authors.

  5. By submitting a question, or reference material that is your original work, or a derivative of another's work made under a Creative Commons Attribution licence then You agree that it will be published under a Creative Commons Attribution 2.5 South Africa licence (http://creativecommons.org/licenses/by/2.5/za/) As a result any member of the public can freely copy, distribute, display and perform and make derivatives of the question, provided that they credit the original and subsequent authors.

  6. You agree that the Creative Commons Attribution 2.5 South Africa license is irrevocable and cannot be withdrawn.

  7. You retain any copyright which You might have in each of your submissions, subject to the Creative Commons license where applicable. Where You retain copyright You may publish other versions of the submission under other open licenses or as all rights reserved but You will be unable to give an exclusive license.

  8. You agree that when a derivative if made from any of your submissions to which you retain copyright, including submissions which consist of derivative works of others, that it shall be sufficient to link to URL where your submission appears. You agree that this means that should someone make a further derivative of a derivative of your work it shall be sufficient attribution if the 3rd creator links back to page where the derivative of your submission appears and the 3rd creator need not link back to the page on which your submission occurs. You agree that Attribution need only go back one generation of submission.

  9. You hereby indemnify FullMarks against any claim that may be made by any other person against FullMarks, or its agents, in respect of the copyright of a submission.

Submitting a question

  1. You may submit questions.

  2. By submitting a question You represent that the questions does not infringe the copyright or similar rights of any other person and that the question is:

    • not subject to copyright because it is of a purely factual nature or,

    • not subject to copyright because it is a mathematical or scientific formula or,

    • not subject to copyright because copyright term has expired or,

    • your own original work or,

    • a derivative work of another work which is licensed under a Creative Commons Attribution licence,

Submitting Reference Material

 
  1. You may submit reference material for questions.

  2. By submitting reference material for a question You represent that the use of the reference material does not infringe the copyright or similar rights of any other person and that the material is:

    • the copyright work of another person but which may be used for educational purposes under the exceptions of the Copyright Act and regulations

    • not subject to copyright because it is of a purely factual nature or,

    • not subject to copyright because it is a mathematical or scientific formula or,

    • not subject to copyright because the copyright term has expired or,

    • your own original work or,

    • a derivative work of another work which is licensed under a Creative Commons Attribution licence,

  3. If the submission is a permitted derivative work of a work under a Creative Commons Attribution licence then You must attribute the author of that work as required.

  4. If the submission is a derivative of a work in the public domain You must stipulate the name of the work and author.

Publication of submissions

  1. FullMarks may choose not to publish or to remove submissions in its sole and absolute discretion.

  2. You agree that FullMarks is under no obligation to publish any of your submissions, or retain any submission on the FullMarks site once published, and that You have no right, nor expectation whatsoever that FullMarks will publish a submission nor retain a submission nor communicate with You about FullMarks's decision not to publish a submission, nor remove a submission from the site.

  3. You agree not to make a submission that discriminates against anyone on the basis of race or gender, or is sexually explicit, or gratuitously violent.

  4. You agree that if You post content that infringes any law on sexually explicit or violent or discriminatory expression that FullMarksmay report the incident together with any information which FullMarks has about You to the authorities.

  5. You agree that FullMarks may disqualify You from making submissions in its discretion.

  6. You agree that You will not received any payment from FullMarks for any submission.

  7. You agree that FullMarks doesn't undertake to store your text, images or other content for you, and that You are responsible to make copies.

  8. You agree that FullMarks can remove content which You have contributed and is not liable to provide a copy of the content to you, retain it or warn You of its removal.

Using questions and materials

  1. You agree that questions, reference materials and tests are not endorsed nor do they represent the views of FullMarks. You agree that You will not communicate to any person a suggestion that Fullmarks endorses nor necessarily agrees with questions, reference materials and tests is the case, nor make any legal claim that such is the case. You should however attribute FullMarks as required.

  2. You agree that FullMarks is under no obligation to moderate submissions, and that availability of correction and report abuse tools, and the moderation of submissions from time to time does not give rise to any expectation that FullMarks is responsible for contributions by user's in any way whatsoever.

Information

  1. FullMarks shall endeavor to publish your name, as indicated by yourself in your account application as author of a submission, and may choose to link to a website indicated by yourself. You agree that FullMarks retains an absolute discretion whether to link to a website indicated by yourself.

  2. FullMarks may collect the following information about you:

    • Name

    • Email address

    • Cellphone number

    • IP Address

    • URL of your website

    • personal information made available by You

  3. Submissions, and tests generated by submissions are visible to all the world.

  4. You may set a test, including assigning identities to test takers. You agree that only the user who sets a test, and FullMarks may see the results of individuals who take the test.

  5. When you set a test You agree that You are responsible for maintaining the privacy, of any of information about other individuals, including those for whom you set a test, and that Fullmarks is not responsible for privacy off the site.

  6. You agree that FullMarks may publish aggregated performance data from tests which may include school, districts, sex and home language and similar demographic data.

  7. FullMarks may use your information: as set out in these conditions, to contact you, to make the FullMarks site available to you, to attribute and link to your website, to compile non-personal statistics about the use of the services and for research purposes.FullMarks shall only disclose your personal information to other people, when authorised by these terms, and when it is necessary to render the services, if You have given permission or if it is entitled or required by law to access your personal information.

  8. You agree that although FullMarks will take reasonable care to ensure that your privacy is protected it cannot guarantee your privacy.

  9. You agree that FullMarks shall not be liable in any form or manner in relation to any action arising from the unauthorised use by FullMarks, officers, trustees, employees, agents, licensors and suppliers of Your personal information or personal information about another person supplied by you.

  10. You agree that the FullMarks need not notify You in the event that it is required by law to disclose your communications and that, if required by law, it has to disclose such communications together with your personal information to the relevant law enforcing authority.

Legal Complaints

  1. If You allege a complaint or claim against the FullMarks then You should send a notice setting out the grounds of your complaint or claim, your full names, address, phone numbers, and email address to the address below:

    Foundation details: Shuttleworth Foundation (SF Advisors South Africa (Pty) Ltd)
    Postal address: PO Box 4165, Durbanville, Cape Town, 7551, South Africa
    Telephone: +27 21 970 1200Fax: +27 21 970 1205

    Email: mark.horner@shuttleworthfoundation.org

    If your complaint is relates to a specific question or reference material then your complaint must clearly describe the material and include the URL of the webpage on which the allegedly offending material occurs.

General Terms

  1. You agree that for any valid reason, including non compliance with the submission conditions, FullMarks may disqualify You from using and such disqualification may include canceling an account or prohibiting further submissions

  2. You agree that FullMarks may amend these Conditions at any time by posting the amended conditions on the site http://fullmarks.org.za/ or a successor website. All amended conditions shall automatically become effective immediately after they are posted on the site and any subsequent use of the site, and submissions shall be governed by such amended terms. You should regularly these conditions for any amendments or updates.

  3. You agree agree that by making use of the site You release and hold FullMarks free of any and all losses, damages, rights, claims and actions of any kind in connection with a submission, or use of the FullMarks site including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy.

  4. You agree to defend, indemnify and hold FullMarks its officers, trustees, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of this Website.

  5. You agree that FullMarks is not responsible for: lost, late, delayed, misdirected, unintelligible or incomplete electronic mail, SMSes or mobisite content; telephone, cellphone, electronic, hardware or software program, network, internet or computer malfunctions, failures, or difficulties; errors in transmission; or any condition caused by events beyond the control of FullMarks, which may cause submissions to the site or use of the site to be disrupted or discontinued.

  6. You agree that the information contained on the Website is hosted by FullMarks and/or its partners, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of fitness for any particular purpose, or non-infringement. Information may include errors or inaccuracies.

  7. By using this site You are communicating that You understand that unauthorised use of this Website may give rise to FullMarks instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.

  8. You agree that You may not give your username and password to someone else to log on to your user account or to access the services using your user account. You may also not authorise a third person to log onto your user account on your behalf.

  9. You understand that FullMarks may also include links to other sites. You understand that it is the essential nature of the World Wide Web and similar networks for sites to link to other sites, and that these links are provided for Your convenience for the purposes of providing further information. You understand and agree that these links are to sites outside the control of FullMarks so that obviously FullMarks cannot be held responsible for the content of such sites. You agree that You cannot claim that links signify that FullMarks endorse the site(s) linked to.

  10. By making a copy of this website You agree that even if FullMarks knows that sites linked to by FullMarks infringe or allegedly infringe your legal rights that it is in the nature of the Internet that such links are made without imposing any duty or liability on the linking site and that FullMarks shall have no responsibility and bear no liability in relation to the the linked site(s). You agree that the imposition of liability for linking is absurd and unreasonable and in protest against such imposition hereby waive any claim that You may have in law for such linking.

  11. You agree that all or part of these Terms and Conditions, and other legally binding terms or conditions of the site may be translated from English into one or more languages and that FullMarks does not warrant that any translation is accurate. In the event of a conflict between the English version of a provision and a translation then the version in English will be authoritative and prevail over the translation.

  12. You agree that if any provision of the FullMarks Terms and Conditions, is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

  13. You agree that the law of the Republic of South Africa shall apply to these conditions.