These Terms of Service govern your agreement with Zaption, Inc. ("Zaption"), a Delaware corporation with its headquarters in San Francisco, California, regarding use of this website, any online, offline or mobile product or service to which you have access from this website, any product or service that requires a Zaption account to access, install or use as well as any Zaption account you use to access online or mobile products or services (the "Zaption Services") offered by Zaption. These terms of service are an agreement between you and Zaption, Inc.
Agreeing To The Terms Of Service
Zaption User Account
Zaption does not require all users of the Zaption Services to sign-up for a Registered Account. Users may view content created through the Zaption Services without signing up for an account. For these users, Zaption does not collect any personally identifiable information. To create content on Zaption, users are required to sign-up for a Registered Zaption Account which involves providing Zaption your name and e-mail address. If you have questions about account registration, please contact us at firstname.lastname@example.org.
To create a Registered Account, you must have a unique and valid email address, create a personal password, and provide truthful and accurate information. You may not use a user name/email address that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. You must be eligible to use the Zaption Service for which you are registering. Registered users can login to Zaption in multiple ways. First, users can use their e-mail address and password associated with the Registered Zaption Account. Second, users can login through third-party systems such as Google, Facebook and Edmodo. Lastly, users can login through learning management systems (Canvas, Blackboard and Moodle) and other private authentication systems associated with your current organization. When third-party or private authentication systems are used, your login credentials are tied to your Registered Zaption Account as well as the authenticating service.
You are solely responsible for all activity on your Registered Account. Your Registered Account may be terminated if you or someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Registered Account password to others.
For institutional users of the Zaption Services, such as school districts, universities and corporations, all licenses shall be extended to apply to the authorized end-users such as instructors, students or employees that are identified as part of the institutional users' account. Such end-users must be actively connected to the institutional user during the Term of the service. In the case of schools or universities, such end-users shall be either students attending the school on a full-time or part-time basis or instructors/staff who are full-time or part-time employees. In the case of corporations, such end-users shall be either full-time or part-time employees, or contractors. In the case of training organizations, such end-users shall be either customers of the training organization or full-time or part-time employees, or contractors.
Zaption complies with the Children's Online Privacy and Protection Act ("COPPA"). COPPA requires that online service providers obtain parental consent before collecting personally identifiable information online from children who are under thirteen. Therefore, Zaption only collects personally identifiable information through the Zaption Services from a child under thirteen where that child's school, district, and/or teacher has agreed (via the terms described herein) to obtain parental consent for that child to use the Zaption Services and disclose personally identifiable information to us. If Zaption discovers it has collected personally identifiable information from a student under thirteen without parental consent being obtained by his or her school, district, and/or teacher, Zaption will delete that information as quickly as possible. If you believe that a student under thirteen may have provided Zaption personally identifiable information in violation of this paragraph, please contact Zaption at email@example.com.
For more information on COPPA, please see this link ( https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions ).
"Zaption Content" on the Zaption Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, exams, questions, questionnaires, quizzes, assessments, and all audio/visual or other material appearing on or emanating to and/or from Zaption Services, as well as the design and appearance of our websites, but excludes all UGC (defined below) owned by users.
Use and General Restrictions for Content and Zaption Services
For all users, Zaption grants a personal, limited, non-exclusive license to use Zaption Content and the Zaption Services to which the authorized user has access for non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Zaption Services accessed by the authorized user. Zaption Content and all other intellectual property rights in or on Zaption Services as well as the products and services offered through Zaption Services (excluding UGC), are owned by Zaption or Zaption's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Zaption Content or Zaption intellectual property from the Zaption Service unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Zaption Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Zaption Services you are using.
Zaption reserves all right, title and interest in Zaption Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Zaption Content and Zaption Services described above is limited by the intellectual property rights of Zaption and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Zaption Content and/or intellectual property found on Zaption Services may result in the termination of your Account(s), prohibition on use of Zaption Services, and further legal action. Zaption, third party content owners and/or intellectual property owners may take criminal or civil action against you for unauthorized use of the Zaption Content, third party content and/or intellectual property. You agree to indemnify and hold harmless Zaption from any unauthorized or illegal conduct by you, or through the use of your Account(s), on Zaption Services.
Zaption Services and Zaption Content Availability
We do not guarantee that any Zaption Content or Zaption Services will be available at all times, or that we will continue to offer particular Zaption Content or the Zaption Services for any particular length of time. We reserve the right to change and update Zaption Content and Zaption Services without notice to you.
User Generated Content
User-generated Content ("UGC") includes but is not limited to all user account related information as well as all original content created by users using the Zaption Services.
Users with Registered Accounts retain all copyrights and other intellectual property rights for the UGC they create. However, users hereby grant Zaption an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use any and all UGC as reasonably necessary to provide the Services. This includes, but is not limited to:
· enabling users to share content with other Zaption users
· transmitting a user's identity and data to approved third-party platforms (such as learning management systems)
· aggregating and analyzing UGC for the purpose of improving Zaption Services
· providing end-user support
· communicating with users and their organizations regarding Zaption Services.
If a user chooses to share UGC within the Zaption Gallery (defined below), the user grants Zaption the right to feature, highlight, republish, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute the user's UGC on or through the relevant Zaption Service without further notice, attribution or compensation to the user. Upon written request from a user, Zaption will remove a user's public facing UGC within 30 days.
Please note that Zaption does not provide any means for users to download their Zaption UGC or move it to any other platform. A user will own his or her UGC as it exists on Zaption's platform unless or until the user deactivates his or her account at which time all UGC that has not been publicly shared or distributed will be inaccessible to the user.
The Zaption Services features a public Gallery that allows the sharing of UGC such as interactive video lessons and educational videos. Each user that creates UGC will have the option to share his or her UGC with the Gallery. By sharing UGC with the Zaption Gallery, a user is agreeing to make their UGC viewable to the public at large, and re-mixable by Zaption users with Registered Accounts. If you contribute UGC to the Zaption Gallery, other users shall be permitted to access and use the UGC as part of the Zaption Service including the ability to copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Zaption Service without further notice, attribution or compensation to you.
Contributing UGC to Zaption Services
Zaption does not screen all UGC and does not endorse or approve any UGC that you and other users may contribute to Zaption Services. You are solely responsible for your UGC and may be held liable for UGC that you post. Remember, once you submit UGC through Zaption Services, including any personally identifying information, it may be accessible by other users.
Zaption respects the intellectual property rights of others. You must have the legal right to upload UGC to Zaption Services. You may not upload or post any UGC on Zaption Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. Zaption may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you infringe Zaption's or a third party's intellectual property or other rights, Zaption may terminate your Account(s) without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Zaption Content associated with your Account(s).
Zaption reserves the right (but has no obligation except as required by law) to modify, remove, block, edit, move or disable UGC for any reason, including when Zaption determines that UGC violates these terms. The decision to remove UGC or other Zaption Content at any time is in Zaption's sole and final discretion. To the maximum extent permitted by applicable law, Zaption does not assume any responsibility or liability for UGC or for removal of UGC or any failure to or delay in removing UGC or other Zaption Content.
Zaption is a platform for facilitating teaching and learning. Zaption should be used for publishing interactive educational video and related content that is designed to improve learning through increased engagement, understanding and assessment. At Zaption we strive to create a product and a platform that is a safe environment for learning across all levels of education, professional training and informal education.
Zaption should not be used to:
· Post, transmit, promote, or distribute content that is illegal.
· Post, transmit, promote, or distribute content that is deemed harmful to others, including, but not limited to, vulgar and offensive language, images, audio and video.
· Post, transmit, promote, or distribute any pornographic or lewd content.
· Post or communicate any person's real-world personal information using a Zaption Service.
· Upload any software or content that you do not own or have permission to freely distribute.
· Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
· Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Zaption Services.
· Modify or attempt to modify any file or any other part of the Zaption Service that Zaption does not specifically authorize you to modify.
· Attempt to interfere with, hack into or decipher any transmissions to or from a Zaption Service.
· Unless expressly authorized by Zaption, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Zaption Services, Zaption Content or Zaption and/or third-party intellectual property, including by use of auction websites.
You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Zaption Services. Zaption reserves the right to terminate your Account and to prevent your use of any and all Zaption Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
Zaption reserves the right to remove any content from any Zaption Service at Zaption's sole discretion. Zaption has no liability for your or any third party's violation of this Agreement.
Unless otherwise specified, there is no requirement or expectation that Zaption will monitor or record any online activity on Zaption Services, including communications. However, Zaption reserves the right to access and/or record any online activity on Zaption Services, and you give Zaption your express consent to access and record your activities.
Some Zaption Services require payment of a fee. You or an institutional user that you belong to must have a Registered Account and pay the subscription and/or other fees to participate in these services.
During the contracted Term of agreement for your Zaption Services (i.e. the length of your current paid subscription), Zaption will not change its fees or billing methods without your consent. If any change is unacceptable to you, you may choose not to renew your subscription. If your use of Zaption Services is subject to use or sales tax, then Zaption may also charge you for any such taxes, in addition to the subscription or other fees.
Termination of Zaption Services
Zaption may terminate access to any online or mobile products and/or Zaption Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Zaption Service.
Zaption may also terminate access to Zaption Services for violation of this Terms of Service, if Zaption (in its sole discretion) deems that your use of Zaption Services renders Zaption Services less safe for others or for illegal or improper use of Zaption Services, Zaption Content, products, or Zaption's intellectual property as determined by Zaption in its sole discretion. You may lose your Registered Account as a result of termination. If you have more than one (1) Registered Account or multiple users under one (1) Registered Account, Zaption may terminate all of your Registered Accounts or all of your users and all related Zaption Content.
Cancellation of your Account
From time to time you may upgrade or downgrade the level of service you receive from Zaption. You may upgrade or downgrade your Zaption Services at anytime. Even when you stop subscribing to paid Zaption Services your account will persist as a free Zaption account until you choose to deactivate your account. You have the right to deactivate your account at any time. Once you deactivate your account your personally identifiable information ("PII") and UGC is still retained by Zaption for archival purposes. To have all of your PII deleted from Zaption, you must sent a specific request to firstname.lastname@example.org. Note: if your account is associated with an Institutional user, such as a school, university or organization, then you may not be able to deactivate your account or have your PII permanently deleted without the permission of an institutional administrator.
If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Zaption Services and to cancel your Registered Account or applicable subscriptions. You understand and agree that the cancellation of your Registered Account or a particular subscription is your sole right and remedy with respect to any dispute with Zaption, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Zaption's enforcement or application of this Terms of Service; (2) the Zaption Content and features available through Zaption Services or any change in Zaption Content or features provided through Zaption Services; (3) your ability to access and/or use Zaption Services and/or any Zaption Content or features thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Zaption Services and/or any Zaption Content or features thereon.
Zaption reserves the right to collect fees, surcharges or costs incurred before you deactivate your Account or cancel your subscription to a Zaption Service.
Updates to Zaption Services
IMPORTANT: ZAPTION MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE USAGE OF ZAPTION SERVICES. ZAPTION RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF ZAPTION SERVICES, ZAPTION SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ZAPTION SERVICES, ZAPTION SOFTWARE, ZAPTION PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF ZAPTION SOFTWARE OR ZAPTION SERVICES. ZAPTION DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY ZAPTION CONTENT, GOODS OR SERVICES. ZAPTION PROVIDES ZAPTION SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE ZAPTION SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZAPTION WILL HAVE ADEQUATE CAPACITY FOR ZAPTION SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZAPTION OR ITS LICENSORS ARISING OUT OF OR RELATING TO ZAPTION SERVICES AND/OR ZAPTION PRODUCTS IS TO STOP USING ZAPTION SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT ZAPTION, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR ZAPTION CONTENT ON ZAPTION SERVICES OR USE OF ZAPTION SOFTWARE. IN NO CASE SHALL ZAPTION'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ZAPTION AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ZAPTION FOR ZAPTION SERVICES. IN NO CASE SHALL ZAPTION, ITS LICENSORS OR ZAPTION AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ZAPTION SERVICES, ZAPTION SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ZAPTION SERVICES OR ACCOUNTS. WHILE ZAPTION USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, ZAPTION AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY ZAPTION SERVICE, ZAPTION CONTENT, ZAPTION SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ZAPTION'S, ZAPTION'S LICENSORS' AND ZAPTION AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. ZAPTION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ZAPTION AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon Zaption's and/or its licensors' request, you agree to defend, indemnify and hold harmless Zaption, its licensors and Zaption Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any content on or through Zaption Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Zaption and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Zaption Services and for all of your communication and activity on Zaption Services, including any content you contribute, and that you will indemnify and hold harmless Zaption, Zaption's licensors and Zaption Affiliates from any liability or damages arising from your conduct on Zaption Services, including any content that you contribute.
Zaption and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Zaption and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
B. Severability . If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Zaption, and the remaining portions shall remain in full force and effect.
C. Waiver . The failure of Zaption to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if written and signed by Zaption.
D. Governing Law . The laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with Zaption, arising out of or relating in any way to your Account(s) or your use of Zaption Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Zaption or Zaption Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
Dispute Resolution By Binding Arbitration
All claims in any way related to the subject matter, interpretation, application or alleged breach of this Agreement ("Arbitrable Claims") shall be resolved by arbitration in San Francisco, California in accordance with the rules of the American Arbitration Association, as amended. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO THE ARBITRABLE CLAIMS.
Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, please note that (a) Zaption is located at 995 Market St, San Francisco, CA 94103, (b) The fees and charges for Zaption Services vary depending on the services selected by you, and (c) If you have a complaint regarding Zaption Services or desire further information on use of Zaption Services, visit Zaption's Customer Support web pages at www.zaption.com/support. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Right to Amend Terms of Services
You should check www.zaption.com/terms periodically for new information and terms that govern your use of Zaption Services. Zaption may modify the Terms of Service at any time. Revisions to terms affecting existing Zaption Services shall be effective thirty (30) days after posting at www.zaption.com/terms.
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