Chalkup Terms of Service

Also see the Privacy Policy.


Important! 

 

You MUST be 13 years of age or older to enroll as a student on Chalkup. If you are not at least 13 years of age, you must have a parent or legal guardian complete the signup process. Students under the age of 13 must use their parent’s email address to complete the student enrollment process before you use Chalkup or provide any information to us.  Please review this agreement with your parent or legal guardian so that you both understand how Chalkup works and what restrictions apply to your use of our websites and services.

 

Effective date: April 25, 2014


1 - TERMS OF SERVICE

Thank you for using the Chalkup social learning platform. We love feedback so please tell us what you think or suggest new features.There are some rules you need to agree to before you use our website and services (“Services”). When we use the word “Services,” we mean not only the chalkup.co website, but also all the other websites, products, services and applications made available by Chalkup. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected].

 

These Terms of Service (the “Terms”) are a binding contract between you and Chalkup, LLC. (“Chalkup,” and sometimes, “we” and “us”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

 

Our Services are constantly changing, so these Terms might need to change as well. If they do change, we will do our best to tell you in advance by placing a notification on the chalkup.co website, or we might send you an email. If you don’t like the new Terms, you are free to reject them, which means you won’t be able to use the Services anymore. A continuation of use of the Services after a change to the Terms is effective, constitutes acceptance to all of the Terms. 


2 – Privacy and COPPA

Chalkup takes the privacy of its users very seriously. For the entire current Chalkup Privacy Policy, please click here , but we’ve included some information below related to the Children’s Online Privacy and Protection Act (“COPPA”), and our compliance:

 

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 Services 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 Services 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 Services. 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].

 

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

 

3 – Standard Provisions of using Chalkup

When creating an account, (“Chalkup User ID”), you promise to provide us with accurate, complete, and updated registration information about yourself. In certain situations, your Chalkup User ID may be selected for you by your school or district; the same rules apply to them when they select an Chalkup User ID for you. You may not transfer your account to anyone else without our prior written permission.

 

If you are a school, district, or teacher, Chalkup will generate an access code for you to use with each class you administer (a “Chalkup Class Code”). For example, if you wished to establish a closed class amongst yourself, as a teacher, and your class, you would distribute the Chalkup Class Code only to those members of your class that you wanted to view what was going on within that group. Everyone to whom a group administrator distributes the Chalkup Class Code to will be a member of that class.

 

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or legal guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

 

You promise to only use the Services for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you.

 

4 - Intellectual Property

Content

The materials displayed or performed on the Services including, but not limited to, text, graphics, articles, photos, images, illustrations, Submissions (defined below) and so forth, (the “Content”) are protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content that is not owned by you, (a) without the prior consent of the owner of that Content or (b) in a way that violates someone else’s (including Chalkup’s) rights.

 

You understand that Chalkup owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

 

User Generated Content 

Anything you post, upload, share, store, or otherwise provide through the Services is your User Generated Content (“Submission.”) Some Submissions are viewable by other users. In order to display your Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Submissions that are also your personally identifiable information.

 

For all Submissions, you hereby grant Chalkup a license to translate, modify (for technical purposes, for example making sure your content is viewable on your iPhone as well as your computer) and reproduce such Submission, in each case to enable us to operate the Services. This is a license only – your ownership in Submissions is not affected.

 

You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your Submissions are stored with us. When you delete your Chalkup account, we will stop displaying your Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Chalkup’s records, and that your Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

 

Finally, you understand and agree that Chalkup, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Submissions to conform and adapt those Submissions to the technical requirements of connection networks, devices, services, or media.

 

5- Responsibility and Liability

 

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

 

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

 

Chalkup has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Chalkup will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

 

If there is a dispute between participants on this site, or between users and any third party, you agree that Chalkup is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Chalkup, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

 

6 – Discontinuation of use of Chalkup

You’re free to discontinue use of Chalkup at any time by emailing Support at [email protected]Chalkup is also free to terminate your use of the Services or your account, for any reason, including your breach of these Terms. Chalkup has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone’s safety or security to do so.

 


7 – Miscellaneous Legal 

Warranty Disclaimer

Chalkup does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CHALKUP BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CHALKUP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. (Again, not yelling!)

Indemnity

You agree to indemnify and hold Chalkup, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Chalkup’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Morris County, New Jersey, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction

 

Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Chalkup agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Chalkup, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Chalkup in any respect whatsoever.

 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

For any other questions regarding these Terms, please contact us at: [email protected]