Last Updated: August 31, 2020
3. ELIGIBILITY. Though we have designed the Service to allow users to effectively build and present interactive video, our Web-based Service is not intended for anyone 13 years of age or younger. By using the Service, you represent that you are at least 13 years of age. COPPA requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Service from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Service and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Service. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected].
4. USING THE SERVICE. The Service allows users to organize their resource, resources from the web and present them using our technology. To use the Service, you must first create an account on our Site with a unique user name and password. You are responsible for all use of the Service that occurs under your user account.
5. CONSENT TO MAKE YOUR LESSONS PUBLIC. Consent to use the web resource collected on your platform when lessons are not marked as private.
Consent to Receive Periodic Messages from Us. As part of the Service, we sometimes cause administrative messages to be sent to users to explain or assist in providing the Service. We may send other messages as well, including promotional messages.
Stopping communication. If you do not want to receive any email messages via our Service, you may respond to any message to be unsubscribed.
6. NO LIABILITY FOR YOUR MESSAGE CONTENT. We assume no liability whatsoever for the content of the resource you use at the Service. If you use the Service to present information that could allow someone to determine the location or a identity of a child remove it from the platform. Notwithstanding the foregoing, we reserve the right to block any resource that we reasonably believe may subject us, our service providers or our users to liability.
7. FEES. Currently, we make a version of the Service available to you for free. Subscriptions (the ”Subscription”) are for a pre-paid 12-month subscription term. Your Subscription will automatically renew at the end of each subscription term for another 12-month term. You agree that we may automatically renew your Subscription and charge your account on the one year anniversary of your last subscription date (the “Renewal Date”), unless you cancel your Subscription before the Renewal Date. We will automatically renew your Subscription each year on the Renewal Date until you cancel your Subscription or we no longer offer the Subscription service. Contact [email protected] to cancel your subscription or use the functionality within PlayPosit to request a subscription update.
If you elect to a Subscription, you agree to the pricing and payment terms at https://go.playposit.com/pricing and herein as we may update them from time to time. You may have access to a video uploader (the “Video Uploader“). Your subscription includes a number of upload minutes (the “Upload Quota“). You agree that we may automatically charge your account for video content uploaded to our system beyond the Upload Quota, whether it is uploaded by you or by people to whom you have exposed the video upload functionality. We may change Subscriptions by offering new services for additional fees and charges, and adding or amending fees and charges for existing Subscriptions, at any time in our sole discretion. Any change to a Subscription pricing or payment terms shall become effective immediately following notice of such change to you as provided in these terms.
We will issue a prorated refund of your initial subscription or renewal payment provided that you cancel your subscription during the 14 day period following the initial subscription date or the Renewal Date, as applicable. After the end of the applicable 14 day refund period, your 12-month subscription payment is non-refundable.
8. YOUR CONTENT; LICENSE. As between you and us, you own all intellectual property rights in any text, graphical, video or other content you on the form of Google Documents, Dropbox, embeds, media links, or Local Resources or otherwise submit to or through our Service (“Your Content”).
You hereby grant us a non-exclusive, transferable, sublicensable, fully paid, royalty-free, perpetual, irrevocable, worldwide license to use, to display online and in any present or future media, to create derivate works of, to allow downloads of and/or distribute any such file or content, and to modify Your Content in order to make the Service and its features available to you and other users. You agree that we may distribute, display, and make available Your Content in accordance with the description of our Service on our Site.
You represent and warrant that you either own, or have all rights and permissions necessary to submit, Your Content for distribution to other users through our Service, including any text, links, images, and other media you include in Your Content.
Upon termination of this Agreement for any reason, we will delete Your Content from our Site. We have no obligation to make Your Content available to you after termination.
9. YOUR OBLIGATIONS WHEN USING THE SERVICE. You agree not to:
10. OUR INTELLECTUAL PROPERTY RIGHTS.
Except for Your Content (and content posted by other users), all text, graphics, logos, icons, and other content on the Service is the property of PlayPosit Inc., and protected by United States and international copyright laws.
The technology we use to provide the Service, including without limitation software code or executables that we may make available to you in connection with using the Service, is exclusive property.
13. DISCLAIMER OF WARRANTIES. WE PROVIDE THE SERVICE (AND ANY CONTENT, FEATURES, APPLICATIONS, OR PRODUCTS OFFERED OR MADE AVAILBLE THROUGH THE SERVICE) “AS IS.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, NOR DO WE GUARANTEE THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE OR SECURE. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Certain state laws do not allow limitations on implied warranties; if those laws apply to you, some or all of the disclaimers above may not apply to you, and you may have additional rights.
14. LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $100 (OR, IF GREATER THAN $100, THE AMOUNT OF FEES YOU HAVE PAID TO US FOR THE SERVICE DURING THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM). Certain state laws may not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you, and you may have additional rights.