MASHPLANT ® and MASHPLANT Studio TERMS OF SERVICE
AS OF June 1, 2016
PLEASE READ THESE TERMS OF SERVICE. USE OF THE MASHPLANT® STUDIO PLATFORM ("MASHPLANT STUDIO", "MASHPLANT STUDIO PLATFORM", "MASHPLANT STUDIO WEBSITE" AND OR "MASHPLANT ®") SHALL INDICATE THAT YOU HAVE READ THESE TERMS OF SERIVCE, THAT YOU UNDERSTAND AND AGREE TO THEM AND THAT YOU WILL ABIDE BY THEM AT ALL TIMES WHEN USING MASHPLANT®.
IF YOU ARE UNDER THE AGE OF 18, REVIEW THESE TERMS OF SERVICE WITH A PARENT, LEGAL GUARDIAN, OR YOUR MASHPLANT®TEACHER. BY USING MASHPLANT®, YOU INDICATE THAT YOU HAVE READ THESE TERMS OF SERVICE, THAT YOU UNDERSTAND AND AGREE TO THEM AND THAT YOU WILL ABIDE BY THEM AT ALL TIMES WHEN USING MASHPLANT®.
NOTICE: IF YOU ARE A STUDENT, REGARDLESS OF AGE, YOU WILL NOT BE ABLE TO COMPLETE THE SIGN UP PROCESS FOR A MASHPLANT® ACCOUNT WITHOUT VERIFIABLE CONSENT FROM A PARENT OR LEGAL GUARDIAN. PLEASE BE SURE YOUR PARENT HAS PROVIDED WRITTEN CONSENT TO YOUR MASHPLANT®TEACHER.
These TERMS OF SERVICE govern your use of our websites and services ("Services"). MASHPLANT® and the MASHPLANT STUDIO PLATFORM and MASHPLANT STUDIO WEBSITE are owned and operated by BIG THINGS, INC. ("BTI," the "Company"). When we use the word "Services," we mean not only the MASHPLANT® STUDIO PLATFORM, but also all the other websites, products, services and applications made available by MASHPLANT® and or the Company. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at INFO@MASHPLANT.COM, or you can send written correspondence to us at MASHPLANT, c/o BIG THINGS, INC. 1740 Grove Street, Glenview, IL (60025).
The Children's Online Privacy and Protection Act (COPPA ) requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from any child where that student's MASHPLANT® teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us as part of the sign up process and use of MASHPLANT®. If you are a student, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student without parental consent being obtained by his or her teacher, or if we learn a student 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 may have provided us personal information in violation of this paragraph, please contact us at INFO@MASHPLANT.COM.
To use MASHPLANT® an individual must first sign up for an account, and select a password and login name ("MASHPLANT STUDIO User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You can't select for your MASHPLANT STUDIO User ID a name that you don't have the rights to use or another person's name with the intent to impersonate that person. In certain situations, your MASHPLANT STUDIO User ID may be selected for you by your school or district; the same rules apply to them when they select a MASHPLANT STUDIO User ID for you. You may not transfer your account to anyone else without our prior written permission.
NOTICE: TO REGISTER AS A MASHPLANT STUDIO TEACHER, YOU MUST BE OF LEGAL AGE TO FORM A BINDING CONTRACT.
If you are a school, district or teacher, you may create an access code to use with each MASHPLANT STUDIO you administer (an "Access Code"). For example, if you wished to establish a closed "studio" amongst yourself, as a teacher, and your 4th period class, you would distribute the Access Code only to those members of your 4th period class that you wanted to view what was going on within that studio. Everyone to whom a teacher distributes the Access Code to will be a member of that studio. As the teacher, you may change that Access Code at any time. Further, you may at any time approve or revoke access of any MASHPLANT® member to your studio.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier).
You promise to only use the Services for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for you using the Services in a way that breaks the law.
Your use of the Services is subject to the following:
You represent, warrant, and agree that you will not contribute any Content or User Content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including, but not limited to, MASHPLANT®, MASHPLANT STUDIO, BIG THINGS, INC. or any of their affiliates, directors, executives or assigns);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Jeopardizes the security of your MASHPLANT® account or anyone else's (such as allowing someone else to log on as you on the Services);
- 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 or portion of the Services (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 of the Services.
You will not use an Access Code that you are not authorized to use. For greater clarity, this means that you will not use any Access Code that has not been provided to you specifically for your personal use.
You will keep your Access Code private and not disclose any Access Code to any individual not authorized to receive that Access Code, and you will at all times use your best efforts to protect the security of MASHPLANT®. Do not post Access Codes in any public way (including on any widely-accessible internet page or in hard copy on a bulletin board, etc.)
You will not register for the Services as any category of user for which you do not legitimately qualify. For greater clarity, if you're a student, you will not register as a teacher.
The Content and Materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Contents (defined below), and so forth) (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 for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including MASHPLANT®'s) rights. For example, if a teacher using MASHPLANT® shares their teaching materials with the MASHPLANT® community, you may use it for your own purposes but are disallowed from distributing it, publicly - unless the owner has specifically given you written permission to do so.
You understand that MASHPLANT® owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.
For all User Contents, you hereby grant a license to translate, modify (for technical purposes, for example making sure your content is viewable on other devices, as well as your computer) and reproduce such User Content, in each case to enable us to operate the Services, as described in more detail below. This is a license only - your ownership in User Contents is not affected.
If you store a User Content in your own personal MASHPLANT® account, in a manner that is not viewable by any other user except you ("User Content"), you grant MASHPLANT® the license above, as well as a license to display, perform, and distribute your User Content for the sole purpose of displaying that User Content to you and providing you the Services necessary to do so.
If you share User Content only within MASHPLANT®, or otherwise in a manner that only certain specified users can view (for example, a private message to one or more other users) (each, a "MASHPLANT® User Content"), then you grant MASHPLANT® the license above, as well as a license to display, perform, and distribute your MASHPLANT® User Content for the sole purpose of displaying that MASHPLANT® User Content to other members of MASHPLANT® (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of MASHPLANT® (or such specified users, as applicable) a license to access that MASHPLANT® User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share User Content in a public "community" on the Services or in a manner that more than just you or your MASHPLANT® STUDIO can view ("Pubic User Content"), then you grant MASHPLANT® the license above, as well as a license to display, perform, and distribute your public user content for the purpose of displaying that content to all MASHPLANT® users, and providing you the Services necessary to do so, as well as all other rights necessary to use and exercise all rights to that content in connection with MASHPLANT®, provided that MASHPLANT® will try to notify you if it uses your public user content for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that public user content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you, by parent permission and teacher approval, share User Content in the Public Stream on the Services or in a manner that non-MASHPLANT® members can view ("Public User Content"), then you grant MASHPLANT® the license above, as well as a license to display, perform, and distribute your Public User Content for the purpose of displaying that public user content to all visitors to the Service, including non-members, and providing you the Services necessary to do so, as well as all other rights necessary to use and exercise all rights to that public user content in connection with MASHPLANT®, provided that MASHPLANT® will try to notify you if it uses your public user content for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that public user content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Contents are stored with us. When you delete your MASHPLANT® account, we will stop displaying your User Contents to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from MASHPLANT®'s records, and that your User Contents may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that MASHPLANT®, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Contents to conform and adapt those User Contents to the technical requirements of connection networks, devices, services, or media.
According to the Digital Millennium Copyright Act ("DMCA"), online service providers like MASHPLANT® must remove material that they in good faith believe violates someone's copyright. To learn more about DMCA, click here.
In accordance with the DMCA, MASHPLANT® has adopted the general policy below toward copyright infringement. Remember that your use of MASHPLANT®'s Services is at all times subject to the TERMS OF SERVICE, which incorporates this DMCA Takedown Policy. Any terms we use here without defining them have the definitions given to them in the TERMS OF SERVICE. The address of MASHPLANT®'s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Policy.
MASHPLANT® respects the intellectual property rights of others and expects you to do the same. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Designated Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MASHPLANT® is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in 1(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider, member or user who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's, member's or user's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user has the right to send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider, member or user;
- dentification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- Statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content providers, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content providers, member's or user's address is located, or, if the content providers, member's or user's address is located outside the United States, for any judicial district in which MASHPLANT® is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, MASHPLANT® may send a copy of the counter-notice to the original complaining party informing that person that MASHPLANT® may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MASHPLANT®'s discretion.
Please contact MASHPLANT®'s Designated Agent to Receive Notification of Claimed Infringement at the following address:
c/o BIG THINGS INC
1740 Grove Street
Glenview, IL 60025
What you see and do on MASHPLANT® is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. MASHPLANT® assumes no liability for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person who posts such information or content publicly. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from any and all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can't control that, but please let us know if it happens and we'll try to remedy the situation.
We also can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. However, students are only permitted to access the Services within the MASHPLANT® community. We require MASHPLANT® students and teachers to guard their Access Codes with the appropriate confidentiality, and we provide all teachers using MASHPLANT® with moderation tools for monitoring content within MASHPLANT®. Student accounts are not enabled to "browse" sidebars to join (a student is only permitted to view and join a sidebar to which he or she has been given an Access Code by his/her own teacher).
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are also responsible for all your activity in connection with the Services.
MASHPLANT® has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, MASHPLANT® will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that MASHPLANT® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that MASHPLANT® is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MASHPLANT®, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Changes to MASHPLANT®. As with any new product, the MASHPLANT® STUDIO platform and related Services will change over time. We may change, 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. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.
Cost. There is currently no charge to teachers and students to sign up for and use MASHPLANT®, the MASHPLANT STUDIO platform and or the Services. The company reserves the right to change this policy at any time and at its sole discretion.
MASHPLANT® does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from MASHPLANT® or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES, CONTENT, WEBSITE AND 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 AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MASHPLANT® BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MASHPLANT® IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold MASHPLANT®, The Source for Learning, Inc. its affiliates, officers, agents, employees, contractors, and partners 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 any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without MASHPLANT®'s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the Commonwealth of Virginia, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Cook County, Illinois, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Chicago, Illinois.
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. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. 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 these Terms shall otherwise remain in full force and effect and enforceable. You and MASHPLANT® agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MASHPLANT®, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind MASHPLANT® in any respect whatsoever. Lastly, you and MASHPLANT® agree that there are no third party beneficiaries intended under this TERMS OF SERVICE agreement.
Should you have any questions, comments or concerns, please do not hesitate to contact us by email at INFO@MashPlant.com, or by regular mail at MASHPLANT®, c/o Big Things, Inc. 1740 Grove Street, Glenview, IL. (USA). Thank you.