Schedule A – General Terms of Service
Welcome to Zorbit’s Math Adventure! These are our Terms of Service. By “Service” we mean everything under the whole Zorbit’s Math Adventure banner. That includes but is not limited to this website, the Zorbit’s Math Adventure games (both iOS apps and web games), the teacher’s dashboard and all contents therein, our blog, and the professional development we offer, as well as any new content or features we offer in the future.
A couple of important things you need to know right up front:
- You must agree and accept all of the Terms herein in order to have the right to use our Services. We’ve attempted to make them as “human readable” as possible. If you have any feedback or questions on them, please don’t hesitate to get in touch with us at email@example.com;
- This document is a contract between you and us, Clockwork Fox Inc. If you use our services in any way, that means that you agree to the Terms of this contract, and the Terms will remain in effect throughout your use of our Services. If you do not agree to these Terms of Service, you won’t be able to use the Services;
- You’ll see Clockwork Fox Inc. (“Clockwork Fox”) referenced a lot in this document. This is the parent company of Zorbit’s Math Adventure.
These General Terms of Service apply to individuals in three broad categories:
- School districts, and related entities, including anyone who accesses the Services on these organizations’ behalf from an administrative point of view (i.e. not individuals using the Services directly in a classroom or teaching setting);
- Schools, teachers and related entities using the Services in a specific classroom or teaching context; and
- Home users, such as parents or legal guardians who have signed up for our Services to use on their own outside of an educational institution.
Our product changes a lot. We are a company that attempts to make frequent updates to our Services in response to user input and feedback so that we are constantly improving the experience for you and your learners. This will sometimes result in changes being made to these Terms as well. Changes will always be communicated through one (or more) of these means:
- Notification on the Terms of Service web page (www.zorbitsmath.com/terms-of-use);
- Notification on our main website (www.zorbitsmath.com);
- Notification through email (for major updates).
You are not obligated to accept any updates to the Terms, but if you do reject them, you will no longer be allowed to access the Services. Using any of the Services after new Terms have been communicated means that you accept the updates to the Terms. If you ever have any questions about any of these updates, please do not hesitate to get in touch with us at firstname.lastname@example.org.
Details about the Service
Every administrator, teacher, or parent (“Registrant”) account will always have an associated email address. This email address is your unique User ID used to log into the system. Accounts must be set up by a Clockwork Fox representative. The following information is required to create an account, paid or otherwise: First name, last name, email address, user type (i.e. Administrator, Teacher, or Parent) and school name and district for educator accounts. By agreeing to these Terms, you promise to provide accurate registration information.
When your account is created, you will receive an automated email from our system with an automatically-generated password. It is strongly recommended that you create a new password at this time. Whatever password you use, it is your responsibility to keep your account password secure.
If for any reason you think your account’s security has been compromised, please contact us immediately and we will be happy to help you out. Please note that we are not liable for any losses caused by any unauthorized use of your account.
You may not transfer your account to any other individual without Clockwork Fox’s permission. You are responsible for any activity that occurs on your account and any data associated with it.
You represent and warrant that you are of legal age to form a binding contract. 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.
When you provide us your email address, you are automatically signed up and consent to receive these three types of emails:
- Service-related emails, including Service/product updates, outages, and updates to these Terms of Service or other legal documents. You cannot turn these emails off and consent to receive them by agreeing to the Terms. (Note: frequency of this emails is not likely to exceed 6 per year.)
- Success emails, which are emails from our Teacher Success Team that are designed to help you get the most out of your experience with the Service, for example professional development videos or classroom tips. You may opt out of the following emails by clicking the unsubscribe link at the bottom of your email.
- Marketing emails, which include announcements about special campaigns or promotions, new blog updates, etc. You may opt out of the following emails by clicking the unsubscribe link at the bottom of your email.
The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, images, characters, storylines) (the “Content”) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Content for any purpose.
For example, you might download a PDF for a great centre-based activity from your dashboard. You can’t, say, then take that activity PDF and then put it up on another website and distribute it on your own.
(We do, however, TOTALLY encourage the writing of Zorbit’s fan fiction!)
You acknowledge that the Services are owned and operated by Clockwork Fox Inc. unless otherwise indicated. You agree to not do anything to harm our Service. Specifically, you agree not to:
- copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”;
- use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
- transmit spam, chain letters, or other unsolicited email;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
- transmit any malicious software agents through the Services;
- collect or harvest any third-party personally identifiable information, including account names or Student Data, from the Services;
- use the Services for any commercial solicitation purposes;
- impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfere with the proper working of the Services;
- access any content on the Services through any technology or means other than those provided or authorized by the Services; or
- bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.
(What we’re basically saying is…please don’t hack us.)
For Home Subscriptions
- Zorbit’s Math Adventure home subscription licences are for individual, non-commercial, purposes and are non-transferable.
- Users are responsible for their own internet usage charges. It is the responsibility of the user to ensure their computer and internet access is sufficient to access Zorbit’s Math Adventure.
- Returns/Refunds Policy: For Zorbit’s Math Adventure home subscriptions we offer a no-questions-asked 10-day money back guarantee. No refunds will be offered after this time except in the event the goods/services are faulty and cannot be repaired or replaced, or otherwise in accordance with applicable statutory consumer protection laws.
- If a School/Board/District purchases a bulk order for its students, then any parents of students part of that bulk order who purchased independently within the previous 28 calendar days will be entitled to a pro-rata refund. No refunds will be offered after this time.
- Credit Card Transaction Policy: All credit card transactions are completed over a secure internet connection using strong cryptography and security protocols. Digital certificates are used to maximize security when receiving credit card information.
- Consumer Purchasing Information Policy: Purchasing information provided from online transactions is used for accounting purposes only. After payment, no credit card details are retained or stored. Stringent physical and technological measures are taken to protect customer information.
Below is some other very important legal information that must be included in the contract, but we really couldn’t find a way to write in a more approachable way. That being said, it is still important that you read it carefully.
Disclaimers of Warranties / Limitations on Liability
The Services (including all Content) are provided “as is.” Clockwork Fox Inc. makes no representations or warranties of any kind with respect to the Services, the Content, the Site, the Software, or any contents therein. Clockwork Fox Inc. assumes no liability or responsibility for any errors or omissions in providing the Services, the Site, the Software, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site.
Clockwork Fox expressly disclaims all representations and warranties relating to the services, the software, the content, and the site, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title, and non-infringement.
In addition, Clockwork Fox Inc. does not represent or warrant that the information on or accessible via the Site or Software or through the Services is complete, current, or will be updated or corrected. Clockwork Fox Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked site. While Clockwork Fox Inc. attempts to make your access and use of the Site, the Software, and the Services safe, Clockwork Fox Inc. cannot and does not represent or warrant that the Site, the Software, or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses.
Under no circumstances, including but not limited to negligence, shall Clockwork Fox Inc. be liable for any special, incidental, or consequential damages that result from the use of or inability to use the Site, the Software, or the Services, even if Clockwork Fox Inc. or an authorized representative of Clockwork Fox Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Clockwork Fox Inc.’s total liability to you for all damages, losses, and causes of action (whether in contract or not, including but not limited to negligence) or otherwise exceed the amount paid by you, if any, for accessing the Site, the Software, and the Services.
Clockwork Fox Inc.’s and its affiliates’, suppliers’, and their respective officers’, directors’, stockholders’, employees’, agents’, and representatives’ liability under these Terms of Service is limited to direct, objectively measurable damages. Clockwork Fox Inc. and its affiliates, suppliers, and their respective officers, directors, stockholders, employees, agents, and representatives will not be held liable for any indirect or speculative damages (including, without limiting the foregoing, consequential, incidental, and special damages) including but not limited to loss of use, business interruptions, loss of data, and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages. Clockwork Fox Inc.’s and its affiliates’, suppliers’, and their respective officers’, directors’, stockholders’, employees’, agents’, and representatives’ total liability to you for any claim arising out of or relating to the Site, the Software, the Services, the Content, or these Terms of Service, whether in contract or in tort, shall not exceed $100 US.
If you are dissatisfied with the Site, Services, and /or Software, or with any terms, conditions, rules, policies, guidelines, or practices of using the Site, the Software, or the Services, your sole remedy is to discontinue using the Site, the Software, and the Services.
Each provision of these Terms of Service that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms of Service between the parties. This allocation is reflected in the fees we charge, if any, and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms of Service. The limitations in this section will apply notwithstanding the failure of the essential purpose of any limited remedy under these Terms of Service. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Any and all portions of this disclaimer shall automatically apply to all improvements and / or amendments as they appear on the Site, Services, and / or Software.
You agree to indemnify and hold Clockwork Fox Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable legal fees, arising out of, resulting from, or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Software, the Services, or Content, including without limitation, these Terms of Service.
Links and Advertising
We do not provide links to other Websites or resources to our School Customers. However, for our customers that are individuals, we may provide, or third parties may provide, links to other Websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. Clockwork Fox Inc. is not responsible for content on the Internet or web pages that are contained outside the site.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, Software or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, Software or the Services.
Governing Law and Arbitration
The site is controlled from within the Province of Newfoundland and Labrador, Canada. It can, however, be accessed from all other places around the world. Although these places may have different laws from those of the Province of Newfoundland and Labrador, by accessing this site you agree that the laws of the Province of Newfoundland and Labrador will apply to all matters relating to your use of this site, without regard to rules relating to conflict of laws.
Clockwork Fox Inc. makes no claims that the materials may be lawfully viewed or downloaded outside of Canada and the US. Access to materials may not be legal by certain persons or in certain countries. If you access the site from outside of Canada or the US, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Service must be brought in St. John’s, Newfoundland and Labrador, Canada; and you irrevocably consent to the jurisdiction of such courts.
Any controversy or claim arising out of or relating to these Terms of Service, the Services, the Software, or the Site will be settled by binding arbitration. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Newfoundland and Labrador, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Newfoundland and Labrador law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, Software, and Services, you consent and submit to the exclusive jurisdiction and venue of the courts located in Newfoundland and Labrador, Canada.
We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstances or similar circumstances. However, if we expressly waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.