THIS IS A BINDING AGREEMENT BETWEEN YOU AND RADICALSEEDS (“RADICALSEEDS” OR “WE” OR “US”). BY ACCESSING OR USING THE PRODUCT OR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.
IF YOU ARE UNDER THE AGE OF 18
IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS AGREEMENT, YOU DON’T HAVE PERMISSION TO USE THIS SITE.
We reserve the right to modify this Agreement at any time. We’ll do our best to provide you notice by posting a notice or through email when we make a material change to the Services that would adversely affect you, but this isn’t always practical. If you don’t agree with the new terms, you may reject them but you will no longer be able to use the Services. Your use of the Services in any way following such notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time.
You represent and warrant to RadicalSeeds that:
You are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);
All registration information you submit is accurate and truthful;
You will maintain the accuracy of such information;
If you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
USE BY CHILDREN
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13, except in the following circumstances:
We may collect a child’s name, email address or telephone number, and the child’s parent’s email address in order to provide notice to parents that we may contact their child for the purpose of providing the Services that their teacher has signed up for.
We may collect personal information from a child under 13 where that student’s school, district, and/or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment.
If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at email@example.com.
FEES AND PAYMENT
Access to and use of the Services itself is free, but in the future, we may offer new or additional features which RadicalSeeds may charge for. Therefore, we reserve the right to require payment of fees for certain Services. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Services. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
This Agreement applies to all users of our Services, but there are special terms for a teacher who organizes a “class” or “group” of members, as an Organizer. If you are, for example, a student, teammate or parent who is invited to be a member of a class or group by an Organizer, you are a Subscriber. In certain cases, Subscribers may be allowed to invite new members to a “class group” to become Subscribers. You may not sign up for or use the RadicalSeeds Services as someone you are not; we may disable or terminate your account if you do so.
If you are a Subscriber (such as a student, parent, or other individual invited to join a class or group by an Organizer):
You must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.
You will only join classes and/or groups that you have been invited to, or based on your school, class or group affiliation, to which you are a part of.
If you are accessing the Services as an Organizer and inviting users to join as Subscribers:
The Services may allow you to invite users to join your group(s) and/or to add users to your group(s). If you invite other users to join your group, you represent and warrant to us that you have obtained consent from each person including receiving messages from RadicalSeeds.
Organizers can invite members by distributing “a PIN Number” generated by RadicalSeeds and communicate with Subscribers. You may only share this PIN with Subscribers whom you wish to subscribe to your group.
Organizers are responsible for and must maintain and monitor Subscriber lists in order to help ensure accurate representation of the Subscribers in your group.
Certain information directly related to a student and which may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”), may be provided to RadicalSeeds by teachers, teacher aides, or other school administrators or officials at an Institution. Additionally, certain information, provided to RadicalSeeds, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record.
To disclose eligible student education records, a school is generally required to have written consent of the parent and/or eligible student or meet one of the exceptions set forth in FERPA including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Administrator / Official Exemption”).
As a School Official or Institution providing Directory Information or any Education Record to RadicalSeeds, you represent, warrant and covenant to RadicalSeeds, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or
(ii) complied with the School Official / Administrator Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school administrator / official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by RadicalSeeds; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with RadicalSeeds, in each case, solely to enable RadicalSeeds’s operation of the Service.
RadicalSeeds will never share Education Records with third parties except (i) as directed by a RadicalSeeds user (e.g., a teacher referring another teacher or having parent subscribe to the application); or (ii) to third party providers that are necessary for us to provide the Service.
REGISTRATION AND SECURITY
As a condition to using the Product and Services, you may be required to register with RadicalSeeds by selecting a user id, password and providing your name and a valid email address. You will provide RadicalSeeds with accurate, complete, and updated registration information.
You may not
Select or use the name or email of another person with the intent to impersonate that person; or
Use a name subject to any rights of any person other than you without appropriate authorization.
RadicalSeeds reserves the right to refuse registration of or cancel an account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Product and Services, and may subject you to state and federal penalties and other legal consequences. RadicalSeeds reserves the right, but will have no obligation, to investigate your use of the Product and Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
CONSENT TO RECEIVE PERIODIC MESSAGES FROM RadicalSeeds
As part of the Services, RadicalSeeds may send communications (such as text messages, emails, and push notifications) to Subscribers of a class group. For example, upon adding a new Subscriber to a class group, such new Subscriber will receive a welcome message. RadicalSeeds may send other administrative messages as well. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM RadicalSeeds, AND YOU REPRESENT AND WARRANT THAT EACH USER YOU INVITE AND/OR ADD TO A GROUP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM RadicalSeeds AS WELL AS FROM YOU. You agree to indemnify and hold RadicalSeeds harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. RadicalSeeds is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
Without the express prior written consent of the respective owners, and
In any way that violates anyone else’s (including RadicalSeeds’s) rights.
You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from RadicalSeeds or from the copyright holder identified in such Content’s copyright notice. You will not link to the Services without RadicalSeeds’s prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you and other users may provide information which may be used by RadicalSeeds in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to RadicalSeeds (and in connection with the Services) are your “User Submissions.” You retain ownership of the rights you may have in your User Submissions, provided that RadicalSeeds hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so. Furthermore, RadicalSeeds retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You grant other users of the Services a non-exclusive license to access your User Submissions through the Services, and to exercise rights in and to such User Submissions and to view such User Submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, print and archive that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that RadicalSeeds will not be liable for any errors or omissions in any content. RadicalSeeds cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, RadicalSeeds cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will RadicalSeeds be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
YOUR RESTRICTIONS AND RESPONSIBILITIES
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that
infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
violates any law, statute, ordinance or regulation;
is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by RadicalSeeds;
jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of RadicalSeeds’s third party service providers).
RadicalSeeds reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
RadicalSeeds reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if RadicalSeeds is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not RadicalSeeds, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to RadicalSeeds and to grant RadicalSeeds the rights to use such information in connection with the Services and as otherwise provided herein
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
COPYRIGHT DISPUTE POLICY
Under the Digital Millennium Copyright Act (the “DMCA”), online service providers such as RadicalSeeds have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
WARRANTY AND DISCLAIMER
RadicalSeeds has no special relationship with or fiduciary duty to you. You acknowledge that RadicalSeeds has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release RadicalSeeds from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. RadicalSeeds makes no representations concerning any content contained in or accessed through the Services, and RadicalSeeds will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. RadicalSeeds makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from RadicalSeeds or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold RadicalSeeds, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL RADICALSEEDS OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO RADICALSEEDS HEREUNDER DURING THE 3-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
FOR ANY MATTER BEYOND RADICALSEEDS’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account or by contacting us at firstname.lastname@example.org. RadicalSeeds may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, RadicalSeeds may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement, which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. RadicalSeeds will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RadicalSeeds’s reasonable control, including, without limitation, mechanical, electronic or communications failure. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you. RadicalSeeds may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind RadicalSeeds in any way whatsoever.