Education Terms of Service

Terms of Service

 

Overview

 The following Terms of Service (“Terms of Service”) shall guide you, as a school or library representative, through the registration, use, and terms and conditions for the subscription, download, installation and licensing of our educational game “DoodleMatic.” (“DoodleMatic”) DoodleMatic is provided by AlgoCrunch LLC. Please read and understand the Terms of Service, as they govern your use of the DoodleMatic.

 

Subject to the terms and conditions of the Terms of Service, you may use DoodleMatic for your school or library devices as follows. To use DoodleMatic you will have to set up an account (“Account”) with us and execute an Order Form where you choose a subscription model for a certain amount of devices and use within your school or library (“Subscription”). Any Subscription will commence from the date of your subscription activation (“Effective Date”) in your Account and be effective for one year (“Term”), unless terminated otherwise as provided for in this Agreement. With activation of your Subscription, you have unlimited access to all features of DoodleMatic only for such amount of devices as you subscribed for. If you like to upgrade your Subscription to add more devices, you may do so at a pro-rata rate for the remaining Term or as agreed upon in an Order Form.

 

Binding Legal Agreement

 This Terms of Service and any hereto executed order form (“Order Form”) (collectively, the “Agreement”) are a legal agreement  between the school or library (“Institution”) that you represent (collectively, “you” or “your”) and AlgoCrunch Inc (“we”, “our,” “us,” or “AlgoCrunch”) for access to and use of DoodleMatic, other related software, features or downloads operated by us and that are available through DoodleMatic, and your use of our Website (“Website”) (collectively, the “Service”).

 

By accessing or using the Service you agree to be bound by the terms and conditions of this Agreement and declare that you have read and accepted our Privacy Policy located at http://doodlematic.com/EducationTOS.html (“Privacy Policy”), whether or not you are a registered user of our Service.

 

If you do not agree to this Agreement, you are not authorized to use, and you should not use, the Service. Your continued use of the Service following the posting of any changes to this Agreement will indicate acceptance and agreement by you of such changes. If any of the terms, or any amended terms in the future, are unacceptable to you, do not use the Service.

1                     Your Use of the Service and DoodleMatic

1.1               Software for Schools and Libraries. DoodleMatic is provided as application to you solely as representative of a school or library. We do not make any promises, representation and/ or warranties as to the educational value of DoodleMatic and our Service. You accept and acknowledge that we have the right, but not obligation, to verify your identity as a representative of a school or library.  We reserve the right to suspend or terminate your Account and use of the Service if we believe any information you have provided during the registration process is inaccurate or incorrect or if your school or library requests such suspension or termination for any reason or if you withdraw from the school or library or otherwise are no longer a member or representative of the school or library.  

1.2               Account and Third Party Services. To use our Service you will be required to register an Account with us. (“Account”) Your registration of an Account is subject to our approval in our sole discretion and we may terminate your Account at any time, without notice if you violate the terms of this Agreement.

You may not share your Account with third parties and are solely responsible for the security of your Account.

In order to use DoodleMatic, or for parts of the Service to operate properly, you may be required to have and maintain a valid and active account with an online service (e.g., Apple-ID). (“Third-Party Account”) Your Account may be associated with a Third-Party Account that you use to register your Account or access and use DoodleMatic.

1.3               Subscriptions. Some features of our Service are only accessible to those who have purchased one or more of our available Subscriptions available in your Account or pursuant to a separate Order Form (if applicable), which is legally binding and may describe and define the fees, the term, features and other responsibilities of the Subscription. A Subscription can be activated by paying the associated fee for that Subscription and continues active for one year after its activation, or until the Subscription or this Agreement is terminated pursuant to this Agreement. We may terminate your Subscription at any time, without notice if you violate the terms of this Agreement.

Your use of the Service and DoodleMatic is restricted to the total number of devices that you have purchased through your Account and you may only use the Service or DoodleMatic within your Institution and on such devices that are under your or the Institution’s supervision (“Devices”).

1.4               Your Use of DoodleMatic and Our Service. You are responsible for the content that any user of you Subscription uploads, shares, posts, links to or otherwise makes available via DoodleMatic including all reviews.  You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.

Upon agreeing to this Agreement you represent and warrant that

(a)               you are a school or library representative and have full capacity and authority to enter into this Agreement;

(b)               you (i) will use the Service solely for non-commercial, education and academic use, (ii) all information supplied by you to us will be true, accurate, and complete, and (iii) a change of any information you submit for your Account and Subscription is subject to our approval in our sole discretion;

(c)                you will keep any Account and Subscription strictly confidential and within the Institution and its representatives, and only hand it to such users who are accessing the features of the Subscription within the Institution;

(d)               you own or have sufficient rights, permissions and licenses in and to all User Content, including without limitation, all photographs, images, video, audio or written materials;

(e)               you will not use the Service and DoodleMatic in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national and international laws and regulations and treaties;

(f)                you will not violate or circumvent your Institution’s policies, including the institution’s honor code;

(g)               you will not attempt to circumnavigate or violate any security feature of the Service, including accessing any features, interactive areas, information or profiles for which you do not have permission or other content or information not intended for you or permit or otherwise enable unauthorized users to access and/or use the Service;  

(h)               you will not use the Service to export software or data in violation of applicable U.S. laws or regulations;

(i)                 you will not sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;

(j)                 you will not remove any copyright, trademark, patent or other proprietary notices from the Service;

(k)               you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos;

(l)                 you will not distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;

(m)             you will not exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, meta-spiders, crawlers or any other automated means;

(n)               when you provide payment information to us or our authorized payment processor, you represent that you are an authorized user of that payment method, including without limitation, the payment card, PIN, key, account or other payment method specified by you, and you authorize us to charge such payment method for the full amount of the transaction; and

(o)               attempt to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service).

2                     License and Ownership to DoodleMatic

2.1               Ownership of the Service. You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including, without limitation, any intellectual property rights therein throughout the universe, whether those rights are registered or not, and whether those rights are currently existent or hereafter created by law. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.

2.2               License Grant. Subject to your strict compliance with this Agreement, we hereby give your Institution a revocable, worldwide, non-assignable and non-exclusive right to access and (i) use the Service in the manner and for the purposes expressly permitted by this Agreement and our associated policies, and (ii) install only that number of copies of DoodleMatic as purchased through your Subscription on any compatible device within the Institution, solely for the purposes of accessing the Service in the manner and for the purposes expressly permitted by this Agreement (“License”).

We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.

3                     User Generated Content and User Feedback

3.1               User Content. Certain current or future features of the Software may allow you to create, upload or share content. You understand that all content, information and materials of any kind (including, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) that you make available through the Service  or create using the Service, whether alone or in combination with materials available in the Service (“User Content”) are your sole responsibility. You warrant and represent that i) you have all rights necessary to make the User Content available through the Service, ii) the User Content is not defamatory, libelous, degrading, in violation of applicable standards, customs or practices, or infringing of any third party’s rights, and iii) that our use of the User Content for any purpose whatsoever does not infringe the rights of any third party.

3.2               Right to Review. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content.

3.3               Exposure to Third Party Content. You understand that by using the Software you may be exposed to Third Party Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Software at your own risk.

3.4               License to User Content. exchange for the licenses granted to you by Licensor hereunder, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable (through multiple tiers), worldwide and throughout the known universe, right and license to make use of the User Content in any way and for any purpose whatsoever, including, but not limited to, the rights to reproduce, copy, adapt, modify, prepare derivative works of (including for inclusion in Our future products or future versions of the Software) perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or hereafter developed, and to distribute. You hereby waive and agree never to assert any so-called “moral rights” of paternity, publication, reputation, or attribution with respect to Licensor's and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.

3.5               User Feedback. We may from time to time request you or the users of your devices to evaluate, assess or provide feedback regarding our Service or proposed improvements or new functions for the Service (“User Feedback”).  You agree that we will own the results of any such evaluations and feedback and may use such results in our sole discretion.  Any improvements, new features, or ideas that may be created or developed by us based on User Feedback will be exclusively owned by us without right of you or users of your devices to consideration or attribution.  

4                     Maintenance of the Service; Changes;

We reserve the right to issue corrections or modifications or upgraded versions of the Service at any time in our discretion.  From time to time and with or without notice, the Service may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance.  We may also establish additional rules, limits or policies regarding the Service and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the Service, or the applicable function. We may amend this Agreement from time to time as we deem necessary. We will provide notice by posting information on our publically available websites and such changes shall take effect upon that notice. If you do not wish to consent to any modified terms, you may discontinue your use of the Service.

5                     Term

5.1               Term and Termination. This Agreement is effective until terminated by us or you, or as provided for in this Agreement or an Order Form (if applicable). We may terminate this Agreement, your Account, and/ or your Subscription, at any time without notice if (i) you violate any provision of this Agreement, or (ii) we choose to discontinue the Service in part or in whole, or modify the Service or this Agreement in such a way that you are no longer eligible to use our Application, access our Service, or are in violation of the terms of this Agreement. You may terminate this Agreement, your Account, and/ or your Subscription, at any time for any reason by contacting us at education@doodlematic.com. This Agreement also terminates if your Third-Party Account becomes invalid or inactive.

5.2               Effect of Termination. Upon termination of this Agreement for any reason, (i) you shall immediately cease using the Service, (ii) the License granted herein by us shall automatically terminate, (iii) your active Subscriptions and your Account are terminated, and (iv) your data (including, without limitation, your log-in credentials and other Account or Subscription associated information) will be stored for a minimum period of 6 months, subject to our Privacy Policy (if applicable). Refunds are not granted in the event that your Subscription terminates before its first year anniversary.

6                     NO WARRANTIES

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICE.  

7                     LIMITATION OF LIABILITY

7.1               TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE.

7.2               The Service is controlled and operated from facilities in the United States and may be used solely by individuals located in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.

8                     Indemnification

You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of this Agreement or rights of another, and/or (iv) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.  For the avoidance of doubt, this section shall survive the termination of this Agreement.

9                     Miscellaneous Provisions

9.1               Assignment. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement. We may assign, sublicense, or transfer this Agreement or any rights or obligations hereunder.

9.2               Governing Law. This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY.

9.3               Disputes. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class.  You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

(a)               YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

(b)               YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

9.4               Entire Agreement.   These Terms together with the Order Form (if applicable), the Privacy Policy and any other legal notices or policies published by us through the Service, constitute the entire agreement between you and us concerning your use of the Service.  Any modification of these Terms or an Order Form must be in a writing executed by a duly authorized officer of us and you.  All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury.  Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

9.5               Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

9.6                Notices.  You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

9.7               Attorneys Fees.  We shall be entitled to our reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with the enforcement of this Agreement against you.

9.8               How to contact us. If you have any questions regarding this Agreement, you may contact us at education@doodlematic.com.

Doodlematic

AlgoCrunch, Inc.
PO Box 1125
White Plains, NY
10602
United States