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.
"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
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:
(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 firstname.lastname@example.org 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.
9.1 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.
10.1 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.