Last Updated Date: March 30, 2017
Key Content-related Terms
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“De-identified Data” means Student Data with all direct and indirect personal identifiers removed such as name, school ID numbers, date of birth, demographic information and location information, to the extent any is collected.
“Member” means a Student or a Teacher who has completed the account registration process.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Writable Service, except for Student Data.
“Minor Student” means a Student under the age of 13 who has or have been provided access to the Writable Service by a Teacher or a parent (or legal guardian) of such Student.
“Site Content” means Writable Content and Member Content.
“Student” means a user in a Teacher’s class who completes Writable’s account registration process using a Teacher-provided code, as described under “Account Registration” below.
“Student Data” means all data that personally identifies a Student, such as name, address, username, and password, or any other non-public information about a Student, such as a Student’s educational records and performance, but does not include De-Identified Data.
“Teacher” means a teacher or other educational administrator accessing the Writable Service on behalf of a School or District, who has been designated by Writable as a “Teacher,” whose Member Content submissions will be treated as Teacher Content under these Terms of Service.
“Teacher Content” means any Member Content that a Teacher submits to the Writable Service.
“Writable Content” means Content that Writable makes available through the Site or Writable Service, including any Content licensed to Writable from a third party, but excluding Member Content and Student Data. This may include, but is not limited to, writings/prompts to be assigned by Teachers or otherwise created by Writable or its licensors, such as sequences, goals, videos or prompts.
Use by Minor Students
Writable collects limited personal information from Minor Students, but only where such Minor Student’s Teacher or School Administrator has elected to make the Writable Service available to such Minor Student for the use and benefit of the learning environment. If you are a Minor Student, please do not send any personal information about yourself to Writable, other than what we request from you when you sign up for the Writable Service. In the event that we learn that we have collected personal information from a Minor Student without consent from his or her Teacher, School Administrator or parent (or legal guardian), or if we learn a Minor Student has provided us personal information beyond what we request when he or she signs up for the Writable Service, we will delete that information as quickly as possible. If you believe that a Minor Student may have provided us personal information beyond what is requested when signing up for the Writable Service, please contact us at email@example.com.
For Teachers and/or School Administrators
Changes in Eligibility
In the event that you are no longer (a) employed by your School (or another School through which you receive Writable Service) or (b) otherwise authorized to view or use Student records, you (i) must notify us immediately of such change and (ii) are not permitted to continue to view or use the Writable Service.
Certain aspects of the Writable Service are, or may in the future be, provided for a fee or other charge. In the event you choose to use paid aspects of the Writable Service (e.g., if you decide to purchase premium features), you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted in the Writable Service. All fees are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars.
License granted by Writable
Subject to your compliance with the terms and conditions of these Terms of Service, Writable grants you a limited, non-exclusive, non-transferable license, (i) to access, view, download and print any Writable Content solely for your personal and non-commercial purposes; and (ii) to access and view any Member Content that Writable makes available to you solely for your personal and non-commercial purposes and for no other purposes. You have no right to sublicense the license rights granted in this Section.
Subject to your compliance with these Terms of Service, Writable grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below in the Section entitled “Accessing and Downloading the Application from iTunes”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Writable reserves all rights in the Application not expressly granted to you by these Terms of Service.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Writable Service or Site Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Writable or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
License granted by a Member
Members may post, upload, publish, submit or transmit Member Content to be made available through the Writable Service. By making available any Member Content through the Writable Service, and unless you have agreed otherwise with Writable in writing, you hereby grant to Writable a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content on, through or by means of the Writable Service; provided that, solely with respect to Teacher Content, Writable will not charge money to access Teacher Content unless it first receives written consent from the Teacher who authored such Teacher Content. Writable does not claim any ownership rights in any such Member Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Writable Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Writable Service or you have all rights, licenses, consents and releases that are necessary to grant to Writable the rights in such Member Content, as contemplated under these Terms of Service; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Writable’s use of the Member Content (or any portion thereof) on, through or by means of the Writable Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Teachers and School Administrators using the Writable Service are solely responsible for ensuring that you and your School are compliant with all applicable laws and regulations related to your disclosure of Student Data and other Student information (“Student Records”) to Writable in connection with the Writable Service, including, but not limited to the Family Educational Rights and Privacy Act (“FERPA”). Without limiting the generality of the foregoing, for all Student Records disclosed to Writable, you represent and warrant, to the extent required by applicable law such as FERPA, that your School has (a) notified such Students’ parents or legal guardians of your use of third party services, including Writable, and the potential disclosure of Student Records in connection with such use and (b) obtained the appropriate consent(s) from the parents or legal guardians of such Students. If such Student is 18 years old or older, the notice and consent requirements of (a) and (b) shall apply to the Student instead of such Student’s parent or legal guardian.
By making available any Student Data to Writable, including on or through the Writable Service, you grant to Writable a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute and display Student Data solely for the purposes of (a) providing the Writable Service and (b) creating, using, and disclosing De-Identified Data about Students for product development, research, or other purposes.
Writable will store and process all Student Data in accordance with industry standard practices. This includes appropriate administrative, physical and technical safeguards to secure Student Data from unauthorized access, disclosure and use. Writable shall conduct periodic risk assessments and use commercially reasonable efforts to remediate identified security vulnerabilities. Writable will also have an incident response plan and will promptly notify the relevant School in the event of a security or privacy incident or breach of personal information involving such School’s Members.
Writable will not (a) sell or trade Student Data; (b) use any Student Data to advertise or market to Students or their parents or legal guardians; or (c) use Student Data except as expressly stated herein. From time to time, Writable may direct advertising or marketing to Schools but shall de-identify any Student Data used in connection with such marketing efforts.
Writable will make Student Data available upon a verified request by the School, Teacher, parent or School Administrator who provided such Student Data or who would otherwise have verified authority to receive such Student Data. Writable may rely on one or more subcontractors to perform the Writable Service. Upon request, Writable agrees to share with you the names of subcontractors that have direct access to Student Data made available by you. All subcontractors and successor entities of Writable will be subject to the protections for Student Data set forth in these Terms of Service. When Student Data is no longer needed for the provision of the Writable Service, at the request of the School, Student or Student’s parent or legal guardian, as applicable, Writable will destroy all Student Data in its possession, and in the possession of any subcontractors or agents to which Writable transferred Student Data, or transfer such Student Data to the requesting School, if legally permitted.
The Writable Service and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Writable and its licensors exclusively own all right, title and interest in and to the Writable Service and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Writable Service or Site Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Writable Service (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the “Help” section of the Writable Service. You acknowledge and agree that we may use your feedback or suggestions without any obligation to compensate you for them.
You agree not to do any of the following:
Writable will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Writable may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Writable has no obligation to monitor your access to or use of the Writable Service or Site Content, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Writable Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Writable reserves the right, at any time and without prior notice, to remove or disable access to any Site Content, that Writable, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Writable Service.
Links to Third-Party Websites
The Writable Service may contain links to third-party websites, services, or resources that are not owned or controlled by Writable. You acknowledge and agree that Writable has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Writable of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. You expressly relieve Writable from any and all liability arising from your use of any third-party website or services or third party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
Writable may, now or in the future, incorporate certain functions that allow you to interact with the Writable Service through your accounts on certain supported third-party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third party terms.
Termination and Account Cancellation
If you breach any of these Terms of Service, Writable will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Writable reserves the right to revoke your access to and use of the Writable Service and Site Content at any time, with or without cause. In the event Writable terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com. If you do cancel your Account, any Content you have submitted on the Writable Service will remain stored with Writable and viewable through the Writable Service, and the username you submit will remain associated with such Content and viewable through the Writable Service.
THE WRITABLE SERVICES AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WRITABLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WRITABLE MAKES NO WARRANTY THAT THE WRITABLE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WRITABLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, WRITABLE SERVICES OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE WRITABLE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WRITABLE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WRITABLE OR THROUGH THE WRITABLE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WRITABLE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WRITABLE SERVICE. YOU UNDERSTAND THAT WRITABLE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE WRITABLE SERVICE, NOR DOES WRITABLE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WRITABLE SERVICE.
You agree to defend, indemnify, and hold Writable, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Writable Service or Site Content, or your violation of these Terms of Service, including breach of any representations or warranties herein.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WRITABLE SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER WRITABLE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WRITABLE SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, WRITABLE SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR WRITABLE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF WRITABLE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF the WRITABLE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WRITABLE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WRITABLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WRITABLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF WRITABLE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE WRITABLE SERVICES OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WRITABLE FOR USE OF THE WRITABLE SERVICES OR CONTENT, OR FIFTY DOLLARS ($50) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WRITABLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported directly or indirectly, to any countries that are subject to U.S. export restrictions.
Procedure for Making Claims of Copyright Infringement
It is Writable’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Writable by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Writable Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Writable Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: firstname.lastname@example.org.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between Writable and you regarding the Writable Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Writable and you regarding the Writable Service and Site Content.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Writable’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Writable may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Writable (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Writable to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Writable. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact Writable at email@example.com or 2625 Middlefield Road, Ste 470, Palo Alto, CA 94306.