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Inspired Classroom, IC Challenge Terms of Use

LAST UPDATED: September 10, 2019

Thank you for using IC Challenges!

We are pleased to help support your work as you think to S T R E T C H your brain.

IC Challenge is a product of Inspired Classroom, LLC ("we," "our," or "us"). We provide a collaborative platform on the IC Challenge.com website (“Site”), the IC Challenge mobile app ("App"), and any associated services (collectively, the "Service"). You accept these terms of use ("Terms") by creating an account on the Service or through your use of the Service.

"You" may be a:

     "Manager" (i.e., an adult over the age of 18, a teacher, other School representative, organization, non-profit, researcher or business that subscribes to the Service with the administrative right to create, invite, manage, moderate or delete an IC Challenge that may be set up using the Service);

     a "Teacher" (i.e., teacher, parent, school representative, or other educational business for which one or more Managers offers the Service to Students);

     a "Student" (i.e., a "User" who was invited to use the Service by a teacher or Teacher) and has been approved by a parent of legal guardian to create an account; or

     a "User" (i.e., any user of the Service, including a Manager).

If you create an account or Challenge for the Service on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.

If you are a User (who is not a Student), you also represent that you are at least 18 years old and have the legal capacity to accept these Terms. If you are not 18, not a Student, or do not have parental or guardian consent to access the Service, you may not use the Service.

You agree that we may provide notice to you of updated terms by posting them on the Site or make accessible through the Service. Use or continued use of our Service following notice of such updated terms indicates your consent to be bound by these terms.

1. YOUR PRIVACY

Your privacy and that of your Students is important to us. We do not use personal information to market or advertise to your Students, and we do not sell or share User personal data with any third party except those third party’s that provide support for the Service or functions requested by you. We do use your information for certain stated purposes, such as providing and improving the Service and communicating with Teachers about IC Challenge features and events. Please read the Privacy Policy, as it describes what information we collect from you, how we use that information, and the legal rights and responsibilities we have to process your information.

2. YOUR ACCOUNT

2.1 The Service. IC Challenge allows Managers to create one or more IC Challenge, each of which contains content (which may include text, video, or other materials). Managers control access to the IC Challenge and may share the Challenge with anyone they like. For example, Managers can share their Challenges with Students and guest speakers.

2.2 Account Creation. When you register for an account as a Manager or Teacher, we will ask you to sign in and provide certain information about yourself, including where you work, the age group of your Users, and your area/subject of expertise. You agree not to provide any false, inaccurate, or misleading information when registering for an account. You must keep this information up to date. You may delete your account at any time, for any reason, by following the instructions provided through the Service and then uninstalling the App.

In order to protect the integrity of the IC Challenge community, at our sole discretion we reserve the right to: (a) remove any content that you upload to the Service at any time for any reason whatsoever, and (b) suspend access to the Service, terminate any account, and/or prohibit any current or future use of the Service (or any portion thereof) by any user at any time for any reason. We will not be liable to you or any third party for taking any such action(s).

2.3 Account Responsibilities. To protect your account, keep your account details and password confidential. You are solely responsible for activities that occur using your account whether you took such actions or not.

2.4 Teachers. By nature of their role, Teachers have additional responsibilities to the Students.  These responsibilities are:

(a) Must comply with our Privacy Policy;

(b) Represent and warrant that they have:

(i) the authority to consent to our collection and use of personal information from their Students;

(ii) obtained any required parental consent, including if required verifiable parental consent under the Children’s Online Privacy Protection Act ("COPPA");

(iii) not received any revocation of parental consent;

(iv) filed evidence of parental consent with their School administrator before inviting or compelling a student to use the Service; and

(v) will only use the personal information provided by or otherwise collected from a Student per all applicable laws including when recording and sharing presentations or otherwise using the Service in accordance with the purposes for which the IC Challenge was created.

(c) May act as the parent’s agent and for purposes of giving consent by the parent to us for the collection and use of Student information for children below the minimum age (e.g. the minimum age for COPPA of 13 years);

(d) By enrolling a Student or helping the Student use the Service, the Teacher asserts to us that such consent has been obtained and agrees that the Student’s online activities are subject to these terms;

(e) Must ensure their IC Challenges are compliant with all applicable laws related to disclosure of Student information and regulations, including The Family Educational Rights and Privacy Act ("FERPA");

(f) Acquired FERPA-compliant disclosure consents from the parents of children under 18, or from the Students aged 18 and older; and

(g) Grant us a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display any information provided by or collected from a Student solely for the purposes discussed in these Terms.

Student information is the property of and under the control of the Teacher. The IC Challenge containing Student content cannot be posted publicly by Teachers. Accordingly, Managers and Teachers assert to us they have proper consents before sharing any Student information with third parties. If Managers invite unaffiliated guests (e.g., featured speakers) to participate on their IC Challenges, they are solely responsible for obtaining parental consent for sharing Student information with any unaffiliated guests; and obtaining clearance to use the guests’ content. IC Challenge has no responsibility for Managers guest activity nor any materials uploaded through the Service.

 

3. YOUR CONTENT

3.1 User Content. "User Content" means any information and content that Users submit to, or use with, the Service (e.g., presentations or inputs). Each User is solely responsible for any of its own User Content. In addition, a Teacher is responsible for any User Content provided by or collected from a Student. Questions about possession, control, or transfer of Student-generated User Content, including the review and correction by a Student, parent, or legal guardian of a Student’s personal information, should be directed to the Teacher. Your interactions with other Users are solely between you and such Users, and we will not be responsible for any loss or damage incurred as the result of any such interactions. IC Challenge does not guarantee any long-term storage of your User Content. We use best practices to back up all User Content, but we cannot guarantee that User Content will be available in the event it is intentionally or accidentally deleted, so we recommend you backup User Content regularly.

3.2 License. To the extent necessary to provide the Services to you and others and to protect you and the Services, you grant to us a worldwide and royalty-free intellectual property license to use your User Content posted on the Service, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools User Content on the Services. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your User Content that is uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Content will not violate any law or rights of others. The above licenses granted by you will terminate within a commercially reasonable time after your presentations are removed or deleted from the Service.

3.3 Code of Conduct. By agreeing to these Terms, you are agreeing that, when using the Services, you will follow these rules:

(a) Don’t do anything illegal.

(b) Don’t engage in any activity that exploits, harms, or threatens to harm children.

(c) Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

(d) Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, pornography, offensive language, graphic violence, or criminal activity).

(e) Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).

(f) Don’t circumvent any restrictions on access to or availability of the Services.

(g) Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).

(h) Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).

(i) Don’t engage in activity that violates the privacy of others.

(j) Don’t use Student information for marketing or advertising purposes.

(k) Don’t help others break these rules.

3.4 Enforcement. We may (but have no obligation to) review any content you post. We may investigate and/or take appropriate action against you for violating these Terms, or for otherwise creating liability for us or any other person. Such action may include removing or modifying your information, terminating your account, and/or reporting you to law enforcement authorities.

3.5 Deletion of Content or Account. You may delete your own account or content on the Service by following the instructions provided on the Service or in our communications. Students and their parents can also correct, edit, or update Student information by contacting their Teacher. If you have trouble deleting content or your account, you can also submit a request to educationteam@inspiredclassroom.com for assistance.

4. USE OF THE SERVICES

4.1 License. We grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use and access, solely for your own use the: (a) Software in the form of an App installed on any compatible device that you own or control, and (b) Service.

4.2 Certain Restrictions. To protect the distribution of the Service, you agree not to:

(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service;

(b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;

(c) access the Service in order to build a similar or competitive website, app, product, or service;

(d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service in any form or by any means;

(e) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;

(f) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent;

(g) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;

(h) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or

(i) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained.

4.3 Service Availability; No Support. We will employ industry accepted standards to provide you with support and updates in connection with the Service. Service may be unavailable from time to time but industry standard efforts will be employed to provide Service with minimal downtime.

4.3 Ownership. The Software and Service is the sole property of Inspired Classroom or its affiliates and is protected by U.S. and foreign copyright laws, patents, trademarks, trade secret, and other laws. Either we or our suppliers own the functionality and information regarding functionality made available to you through the Service. Our name, logo, and the product names associated with the Service belong to us or our suppliers, and no right or license is granted to you or any third party to use them. We and our suppliers reserve all rights not expressly granted in these Terms.

4.5 Feedback. We love getting your feedback! If you give feedback to IC Challenge any idea, proposal, suggestion or feedback, including technologies and product improvements ("Feedback"), you give to IC Challenge shall be the sole property of us, and you grant us the right to make, or have made, derivative works, and to use, share and commercialize your Feedback in any way and for any purpose. You agree your Feedback is not subject to a license that requires IC Challenge to license your Feedback.

5. WARRANTIES AND DISCLAIMERS

Inspired Classroom, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. Inspired Classroom DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

7. LIMITATION ON LIABILITY

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from Inspired Classroom or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages in an amount not to exceed your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any damages or any claims related to these Terms, the Services, or the Software related to the Services.

8. TERM AND TERMINATION

These Terms will remain in effect while you use the Service. You may terminate your account at any time, for any reason, by following the instructions on the Service or uninstalling the App. Upon termination, your account will close immediately, and/or your right to access and use the Service will end immediately. Even after your right to access the Service under these Terms is terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnification, release and binding arbitration and class action waiver.

9. NOTICES

9.1 Notices of Infringement. Inspired Classroom respects the intellectual property of others and asks that Users do the same. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting an email to Education Team ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.

Inspired Classroom uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, we may also disable or terminate accounts of users of the Service who may be repeat infringers.

9.2 Copyright Notice. The Services are copyright © 2019 Inspired Classroom and/or its affiliates or suppliers. All rights reserved.

10. GENERAL

10.1 Venue, Choice of Law, and Choice of Language. For U.S. residents, the laws of the state where you reside (or, if a School, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act ("FAA") governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the Borough of Manhattan, New York, for all disputes arising out of or relating to these Terms or the Service that are heard in court (excluding arbitration and small claims court). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The English version of these Terms shall govern, and any proceedings related to actions based on these Terms shall be conducted in English.

10.2 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You shall not export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Inspired Classroom, or any products utilizing such data, in violation of U.S. export laws or regulations.

10.3 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.4 Miscellaneous. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and us for your use of the Services. It supersedes any prior agreements between you and us regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will not change.

11. BINDING ARBITRATION AND CLASS ACTION WAIVER

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the FAA, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

Inspired Classroom Privacy Policy

Your privacy and that of your students is important to us:

     We do not use personal information to market or advertise to your students, nor do we sell or share your information or student information with third parties.

     We do not allow access to any user personal information by any third party.

Inspired Classroom does use your personal information for certain stated purposes, such as providing and improving the service and communicating with Teachers (but not Students) about new Inspired Classroom features and events. Please read the Privacy Policy below, as it describes what information we collect from you, how we use that information, and the legal bases we have to process your information.

This Privacy Policy governs how IC Challenge a product of Inspired Classroom, LLC, ("Inspired Classroom," “IC Challenge,” "we," "our," or "us") uses and shares personal information collected by our website at icchallenge.org, the IC Challenge mobile app, and any associated services (collectively the “Service”).

"You" may be a:

     "Manager" (i.e., an adult over the age of 18, a teacher, other School representative, organization, non-profit, researcher or business that subscribes to the Service with the administrative right to create, invite, manage, moderate or delete an IC Challenge that may be set up using the Service);

     a "Teacher" (i.e., teacher, parent, school representative, or other educational business for which one or more Managers offers the Service to Students);

     a "Student" (i.e., a "User" who was invited to use the Service by a teacher or Teacher); or

     a "User" (i.e., any user of the Service, including a Manager).

1. Information Inspired Classroom Collects

Inspired Classroom may collect personal information from Users as described below.

1.1 Manager and Teacher Personal Information (Collected from the Manager)

When a Manager or Teacher creates an account on the Service, we require certain information in order to create an account, such as a Manager or Teacher’s first name, last name, email address, password, instruction type, and country. If you are a teacher or represent a School, we will also collect your School email address and School name to set up an account.

When a Manager posts content (text, images, photographs, videos, messages, comments, or any other kind of content) on the Service, the information contained in the posting, including first name, last name, email address, any audio and image included within any video, will be stored by our Service for purposes of providing the Service.

When a Manager or Teacher logs into an existing account, we may collect first and last name, email address and other information specific to that third-party account to authenticate the Manager or Teacher.

When a Manager or Affiliate provides feedback to a Student, such as replying to a presentation we store the feedback in the Service for purposes of providing the Service.

If a Teacher provides us feedback or contacts us via email, we will collect the Teacher’s name and email address, as well as any other content included in the email for purposes of replying to the Teacher and improving the Service.

1.2 Student Personal Information

Teachers provide consent for the collection of Student personal information as discussed in Section 6 of this Privacy Policy. When a Student posts content (text, images, photographs, videos, messages, comments, links, or any other kind of content) using the Service, the information contained in the posting, including first name, last name, email address, and any audio and image included within any video will be stored in our Service as per the consent provided by the Managers.

If a Student provides us with feedback or contacts us via email, we will collect the Student's name and email address, as well as any other content included in the email, for purposes of replying to the Student and improving the Service.

When a User uses the Service, some information may be automatically collected to help us understand how the Service is being used and how to improve the Service. For example, device type, the device identifier (UDID), the Open Device Identification Number (ODIN), date/time stamps for each visit, browser type, operating system, Internet Protocol (IP) address, Internet service provider (ISP), referring/exit pages, clickstream data, and domain name are all collected for purposes of administering, and improving the Service. We may store this information in log files.

Inspired Classroom uses cookies (small text files placed on your device) and similar technologies to provide the Service. For example, they allow you to log in to secure areas of the Service and help the content of the pages load quickly. We use cookies to provide Users with a more personal, useful, and interactive experience with our Service.

The Service may include cookies from third-party service providers. In addition to the cookies we set, third parties can also set cookies when you visit our sites. Companies that deliver content, such as embedded videos and links, place cookies on their own. These companies use the data they process in accordance with their privacy policies, which may enable these companies to collect and combine information about your activities across websites, apps, or online services.

Each User has a variety of tools to control cookies, web beacons, and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. User browser settings and other choices may impact the functionality of the Service.

2. Use of Personal Information

We store and process User personal information in the United States, and we use this information as follows:

     To provide the Service, including updating, securing, troubleshooting, and providing support.

     To improve and develop the Service.

     To respond to User comments and questions and provide customer service.

     To communicate with Teachers about upcoming Inspired Classroom events, new Inspired Classroom features, and other news.

     To send the User information including confirmations, technical notices, updates, security alerts, and support and administrative messages.

     To identify specific Users in our system.

     To facilitate the creation and management of accounts on our Service.

     To process and deliver orders.

     To comply with applicable laws, including website accessibility laws that may require transcription of audio or other methods to make User content available on the Service.

     For other purposes with your permission.

Inspired Classroom also does not use your personal information to track and target advertisements on third party websites or services. Inspired Classroom does not market to students.

Inspired Classroom acknowledges that certain information about the students may be contained in records maintained by Inspired Classroom and that this information can be confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) ("FERPA") unless valid consent is obtained from the students or their legal guardians. Both parties agree to protect these records in accordance with FERPA. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities. You shall advise Inspired Classroom whenever any students have provided consent to release information to an extent broader than as provided for by FERPA.

Inspired Classroom agrees that it may create, receive from or on your behalf, or have access to, records or record systems that are subject to the FERPA (collectively, the "FERPA Records"). Inspired Classroom represents, warrants, and agrees that it will: (1) hold the FERPA Records in strict confidence and will not use or disclose the FERPA Records except as (a) permitted or required by this Agreement, (b) required by law, or (c) otherwise authorized by you in writing; (2) safeguard the FERPA Records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which Inspired Classroom protects its own confidential information; and (3) continually monitor its operations and take any action necessary to assure that the FERPA Records are safeguarded in accordance with the terms of this Agreement. At your request, Inspired Classroom agrees to provide you with a written summary of the procedures Inspired Classroom uses to safeguard the FERPA Records.

3. Information We Share

Inspired Classroom does not sell User personal information. We do not share personal information we collect on Users (including Students and Teachers) when Users create accounts, request support, record videos, share presentations and their experiences with us, or otherwise use the Service. We may also share User personal information with vendors, consultants, and other third-party service providers who need access to such information to carry out work on our behalf and at our direction. For example, we rely content experts to provide feedback on presentations. Those who receive shared information are contractually bound by the FERPA disclosure laws and regulations as well.

We may also share User personal information for legal, protection, and safety purposes. For example,

     We may share information to comply with applicable laws.

     We may share information to respond to lawful requests and legal processes.

     We may share information in an emergency, such as protecting the safety of our employees and agents, our Users, or any person.

     We may share information to protect the rights and property of Inspired Classroom, our agents, employees, customers, and others, including by enforcing our agreements, policies, and terms of use.

     We may disclose or transfer your personal information in connection with the sale, merger, bankruptcy, sale of assets or reorganization, in whole or in part, of our company.

Inspired Classroom reserves the right to share Users’ personal information to respond to duly authorized information requests of governmental authorities or where required by law. Inspired Classroom reserves the right to use or disclose personal information provided to Inspired Classroom in response to a lawful request by public authorities, including to meet national security or law enforcement requirements, or if Inspired Classroom reasonably believes that use or disclosure is necessary to protect Inspired Classroom’s rights and/or to comply with a judicial proceeding, court order, or legal process. In exceptionally rare circumstances where national, state, or company security is at issue, Inspired Classroom reserves the right to share our entire database of visitors and clients with appropriate government authorities. If we are going to share User personal information, we strive to provide the User with advance notice by e-mail unless prohibited by law from doing so.

4. Information Users Share

Each IC Challenge and the content submitted to an IC Challenge, such as presentations and input fields, will be displayed in the IC Challenge and will be visible to the Teacher, Student Team Members, Managers and Evaluators as administered and permitted by the Manager, subject to the Manager’s ability to deactivate or moderate submissions.

Managers choose whether Users are permitted to link to external sites. External sites are governed by their respective privacy policies. Managers may also record videos and add content.  They may share this information with others.

We may publish comments or feedback from a User about Inspired Classroom and the IC Challenge only if we obtain that User’s consent.

5. Information Choices and Changes

Users may opt out of providing personal information to the Service at any time by canceling their account and uninstalling the application. Users may also delete their personal information by emailing educationteam@InspiredClassroom.com to have their account removed or by asking their Manager to remove their content. Inspired Classroom will stop collecting the User’s personal information in these cases, but may still retain the User’s personal information as outlined in the “Data Retention” (Section 8) of this Policy (below).

Our communication email regarding events, news and other such topics explain how to opt out of receiving such emails. If a User opts out, we may still send them operational emails that pertain to the User's account and notifications regarding our services.

Users may send requests about their personal information to our contact information in Section 14 below, including to change contact choices, opt out of our sharing with others, and review, update, correct, or delete personal information. Once the User has been authenticated, we will use commercially reasonable efforts to honor these requests. We may retain an archived copy of User records as required by law. Such opt outs may result in disruption or cancellation of the Service or impairment of certain Service functionality.

Users may also contact the Manager and request that the material be permanently deleted. If the Manager is not able to remove the material, Users can contact us at educationteam@InspiredClassroom.com and request that such material be deleted. However, we will only be able to delete the material if (a) the User provided their email address when posting the material and (b) the User sends the email request to us using that same email address. Otherwise, we may not be able to delete posted material. Deletion of material removes it from the IC Challenge.

6. Children’s Online Privacy Protection Act and Students

6.1 Notice to Parents and Schools

Under the United States Children’s Online Privacy Protection Act ("COPPA"), verifiable parental consent is needed to collect, use, or disclose personal information (e.g., full name and email address) from each User under 13 years old. In accordance with COPPA, a teacher or Manager may act as the agent of the parent or legal guardian of a Student and provide consent on behalf of the parent for Inspired Classroom’s collection, use, and disclosure of the Student’s personal information. By enrolling a Student under 13 to use the Service, the School asserts to us that such consent has been gained and agrees that the Students’ activities while on the Service are subject to our Terms.

This Privacy Policy does not govern any School's collection, use, or disclosure of a Student’s personal information through the Service, and we are not responsible for any such collection, use, or disclosure. Parents should contact the teacher or Manager directly to understand the Manager’s privacy practices or to request to access, change or delete information collected by the Manager in connection with the Service that cannot otherwise be accessed, changed or deleted as described in this Privacy Policy.

As required under COPPA, parents can make certain choices regarding how their child’s information is used. (For more information, see “Parent’s Choices Regarding Information on Students Under 13,” in Section 6.2 below). Parents should submit these requests to the teacher or Manager, and the teacher or Managers, as the parent’s agent, must pass those requests to us by emailing educationteam@InspiredClassroom.com.

6.2 Parent’s Choices Regarding Information on Students Under 13

Under COPPA, parents of Students under 13 have certain rights with respect to our collection, use, retention, and disclosure of their Student’s information. This includes the right to review, update, or delete Student information, as well as prohibit our sharing of Student information with third parties. Parents can exercise these rights by contacting the Student’s Manager or Teacher, and the Teacher must submit these requests, on the parent’s behalf, to Inspired Classroom by emailing their Manager. Notwithstanding any such requests, we may continue to share the Student information for non-Service purposes as described in Section 3, “Information We Share.”

A parent must request deletion of the Student’s information (such as videos submitted) through the Teacher. Upon receiving such requests, the Teacher may request deletion of the Student’s information by emailing the Manager. This will delete the Student information from our production databases. We will not have any liability whatsoever for any termination of the account or related deletion of the Student information. When we delete personal information, it will be deleted from our active databases but may remain in our archives for up to 30 days.

Schools and Teachers must always obtain parental consent for a Student under 13 to use the Service.

7. INFORMATION SECURITY

We use industry standard security technologies and procedures to help protect your personal information from loss, misuse, and unauthorized access, use, disclosure, alteration, and destruction. Our security procedures and practices are consistent with industry standards applicable to our collection and use of personal information. In the event of an unauthorized release, disclosure, or acquisition of User information, Inspired Classroom will promptly notify affected individuals (either directly or through Managers and Teachers), as required by applicable law. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

8. Data Retention

We store the information we collect for the school year, or for up to 30 days in our archives when you ask for data to be deleted (as set forth in Section 6, above). Additionally, we retain User information to resolve disputes, enforce our policies, and to comply with the law.

9. How to View, Correct, or Update Personal Information

Teachers may update their information by logging into their accounts and visiting the Account Settings tab on the User profile page or portion of the interface. Parents and Students may correct, edit, or update Student information by submitting a request to the Teacher.

Residents of the European Economic Area may have additional rights as set forth in Section 11, below.

10. Personal Information Transferred from the EU to the United States

The Service is hosted and operated in the United States and is subject to United States law. User personal information is hosted on United States servers. Inspired Classroom is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Inspired Classroom adheres to the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.

11. RIGHTS OF CALIFORNIA RESIDENTS

11.1 Third Party Disclosures and Other Rights

Inspired Classroom complies with California's "Shine the Light" law, as applicable. Inspired Classroom does not share Students’ personal information with third-party marketers (notably, Inspired Classroom does not share the personal information of ANY User with third party marketers). If you are a California resident you can request a list of personal information about you we have disclosed to third parties in the preceding calendar year, as well as the names and addresses of those third parties. You may make such a request only once per year, and we will comply without cost to you. To make a request, email educationteam@InspiredClassroom.com

Inspired Classroom also complies with California's Digital Protection of Minors Act, as applicable.

11.2 How We Respond to Do Not Track Signals

We do not currently respond to "do not track" signals or other mechanisms that might enable consumers to opt out of tracking on our

12. Inspired Classroom complies with Montana’s Student Privacy Laws

Inspired Classroom agrees that all student information and records are the property of and under the control of the school. Inspired Classroom agrees to provide any such records to the school if requested for transfer or possession by student. No third party shall use any information in student records for any purpose other than to provide the Service. A parent, legal guardian, or eligible student may review personally identifiable information in the student's records and correct erroneous information as described above. All third-party support service providers will be contractually bound by Montana Student Privacy Laws. In the event of unauthorized disclosure of student information, Inspired Classroom shall promptly notify all affected individuals.

13. Changes to this Policy

We may make changes to this Privacy Policy from time to time. If we make changes to this Privacy Policy that we believe will materially affect your rights, we will notify you by email about these changes and post a notice to the Service and change the "Last Updated" date above. If you continue to use our service after we provide such notice, you are agreeing to accept these changes. Otherwise, for non-material changes, the Privacy Policy will be updated on the Service. You should consult this Policy regularly for any changes.

14. Contact Information

If you have any questions about this Privacy Policy or wish to contact us, please contact educationteam@InspiredClassroom.com