ParentLocker Terms of Service
We (the folks at
ParentLocker) run a platform enabling parents to
connect to the academic world of their children, and for school faculty to help
organize data and communicate with parents. Our service is designed to give you
as much control and ownership over the data you enter as possible. Please make sure you read through these
terms of service and agree with them before you get
started.
Note, this Terms of Service document is available under
a Creative Commons Sharealike license,
which means you’re more than welcome to steal it and
repurpose it for your own use, just make sure to replace
references to us with ones to you.
The
ParentLocker ("website")
operates at www.parentlocker.com,
and also at any sub directories ([--].parentlocker.com].
Any use of the Website is subject to the following Terms
and Conditions of Use ("Terms and Conditions"), as well
as to ParentLocker's
Privacy Policy, all of which are incorporated by
reference into these Terms and Conditions. Your use of
the Website will constitute your acceptance of these
terms and conditions.
- Your ParentLocker Account and Data.
If you have an account on the website, you are
responsible for maintaining the security of your
account and data, and you are fully responsible for
all activities that occur under the account. You
must immediately notify ParentLocker of any
unauthorized uses of your data, your account or any
other breaches of security. ParentLocker will not be
liable for any acts or omissions by You, including
any damages of any kind incurred as a result of such
acts or omissions. ParentLocker may from time to time
set storage limits for your data, or take any other
measures ParentLocker considers appropriate to manage
the Website. ParentLocker will advise you of any such
change, and may do so in any reasonable manner, such
as posting a change on the news panel you see when
you log in to your ParentLocker account. If you exceed
the storage limits, ParentLocker may require you to
reduce the storage you are using or pay additional
fees. ParentLocker may also from time to time change
its policies on offering commercial content or
displaying advertising, and it may do this without
notice. However, ParentLocker may post blog entries
about its policy changes, and you may wish to check
the news panel for ParentLocker's announcements about
any such changes.
- Responsibility of Contributors.
If you enter information, like comments or messages,
or post material to the Website, post links on
the Website, or otherwise make material available by
means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and
any harm resulting from, that Content. That is the
case regardless of whether the Content in question
constitutes text, graphics, an audio file, computer
software or any other format in which ParentLocker stores
data. By making Content available, you represent and
warrant that:
- the downloading, copying and use of the
Content will not infringe the proprietary
rights, including but not limited to the
copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to intellectual
property you create, you have either (i)
received permission from your employer to post
or make available the Content, including but not
limited to any software, or (ii) secured from
your employer a waiver as to all rights in or to
the Content;
- you have fully complied with any third-party
licenses relating to the Content, and have done
all things necessary to successfully pass
through to end users any required terms;
- the Content does not contain or install any
viruses, worms, malware, Trojan horses or other
harmful or destructive content;
-
the Content is not spam, and does not
contain unethical or unwanted commercial
content designed to drive traffic to third
party sites or boost the search engine
rankings of third party sites, or to further
unlawful acts (such as phishing) or mislead
recipients as to the source of the material
(such as spoofing);
- the Content is not obscene or libelous, and
does not violate the privacy or publicity rights
of any third party; and
- you have, in the case of Content that
includes computer code, accurately categorized
and/or described the type, nature, uses and
effects of the materials, whether requested to
do so by ParentLocker or otherwise.
By submitting Content to ParentLocker for inclusion
on the Website, for example posting a comment, you
grant ParentLocker a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt
and publish the Content solely for the purpose of
displaying, distributing and promoting your Content.
If you delete Content, ParentLocker will use
reasonable efforts to remove it from the Website,
but you acknowledge that caching or references to
the Content may not be made immediately unavailable.
Without limiting any of those representations or
warranties, ParentLocker has the right (though not the
obligation) to, in ParentLocker's sole discretion (i)
refuse or remove any content that, in ParentLocker's
reasonable opinion, violates any ParentLocker policy
or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website
to any individual or entity for any reason, in
ParentLocker's sole discretion. ParentLocker will have
no obligation to provide a refund of any amounts
previously paid.
- Responsibility of Website Visitors.
ParentLocker has not reviewed, and cannot review, all
of the material posted to the Website, and cannot
therefore be responsible for that material's
content, use or effects. By operating the Website,
ParentLocker does not represent or imply that it
endorses the material there posted, or that it
believes such material to be accurate, useful or
non-harmful. You are responsible for taking
precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content.
The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as
content containing technical inaccuracies,
typographical mistakes, and other errors. The
Website may also contain material that violates the
privacy or publicity rights, or infringes the
intellectual property and other proprietary rights,
of third parties, or the downloading, copying or use
of which is subject to additional terms and
conditions, stated or unstated. ParentLocker disclaims
any responsibility for any harm resulting from the
use by visitors of the Website, or from any
downloading by those visitors of content there
posted.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the
material, including computer software, made
available through the websites and webpages to which
ParentLocker links, and that link to ParentLocker.
ParentLocker
does not have any control over those non-ParentLocker
websites and webpages, and is not responsible for
their contents or their use. By linking to a
non-ParentLocker website or webpage, ParentLocker does not
represent or imply that it endorses such website or
webpage. You are responsible for taking precautions
as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and
other harmful or destructive content. ParentLocker
disclaims any responsibility for any harm resulting
from your use of non-ParentLocker websites and webpages.
- Trademarks. ParentLocker,
ParentLocker.com, the ParentLocker.com logo,
ParentLocker subdomains ([--].parentlocker.com) and all
other trademarks, service marks, graphics and logos
used in connection with ParentLocker, or the Website are
trademarks or registered trademarks of ParentLocker or
ParentLocker's licensors. Other trademarks, service
marks, graphics and logos used in connection with
the Website may be the trademarks of other third
parties. Your use of the Website grants you no right
or license to reproduce or otherwise use any
ParentLocker or third-party trademarks.
- Changes. The Website, including
without limitation all content there available and
these Terms and Conditions, may be changed at the
sole discretion of ParentLocker and without notice.
You are bound by any such updates or changes,
including but not limited to those affecting these
Terms and Conditions, and so should periodically
review these Terms and Conditions.
- Limitation of
warranties of ParentLocker, its suppliers and its
licensors. Except as otherwise expressly
stated, all content posted to or available from the
Website is provided "as is", and
ParentLocker, its
suppliers and its licensors make no representations
or warranties, express or implied, including but not
limited to warranties of merchantability, fitness
for a particular purpose, title or non-infringement
of proprietary rights. You understand and agree that
you download from, or otherwise obtain content or
services through, the Website at your own discretion
and risk, and that ParentLocker, its suppliers and its
licensors will have no liability or responsibility
for any damage to your computer system or data that
results from the download or use of such content or
services. Some jurisdictions may not allow the
exclusion of implied warranties, so some of the
above may not apply to you.
- Limitation of
liability of ParentLocker, its suppliers and its
licensors. Except as otherwise expressly
stated, in no event will ParentLocker, its suppliers
or its licensors be liable to you or any other party
for any direct, indirect, special, consequential or
exemplary damages, regardless of the basis or nature
of the claim, resulting from any use of the Website,
or the contents thereof or of any hyperlinked
website including without limitation any lost
profits, business interruption, loss of data or
otherwise, even if ParentLocker, its suppliers or its
licensors were expressly advised of the possibility
of such damages. In no event will the aggregate
liability for any and all of your claims against
ParentLocker, its suppliers and its licensors arising
out of or related to use of the Website, or the
contents thereof or of any hyperlinked website
exceed the amounts actually paid by you to
ParentLocker during the 12-month period prior to the
date a claim is made. Some jurisdictions may not
allow the exclusion or limitation of liability for
certain incidental or consequential damages, so some
of the above limitations may not apply to you. The
parties agree that this Section 11 represents a
reasonable allocation of risk.
- General Representation and Warranty.
You represent and warrant that your use of the
Website will be in accordance with the
ParentLocker
Privacy Policy, with these Terms and Conditions,
with any applicable laws and regulations, including
without limitation any local laws or regulations in
your country, state, city, or other governmental
area, regarding online conduct and acceptable
content, and including all applicable laws regarding
the transmission of technical data exported from the
United States or the country in which you reside,
and with any other applicable policy or terms and
conditions.
- Indemnification. You agree to
defend, indemnify and hold harmless ParentLocker, its
contractors, and its licensors, and their respective
directors, officers, employees and agents from and
against any and all claims and expenses, including
attorneys’ fees, arising out of your use of the
Website, including but not limited to out of your
violation of any representation or warranty
contained in these Terms and Conditions.
- Miscellaneous. These Terms and
Conditions constitute the entire agreement between
ParentLocker and you concerning the subject matter
hereof, and they may only be modified by a written
amendment signed by an authorized executive of
ParentLocker, or by the posting by ParentLocker of a
revised version. Except to the extent applicable
law, if any, provides otherwise, these Terms and
Conditions, any access to or use of the Website will
be governed by the laws of the state of California,
U.S.A., excluding its conflict of law provisions,
and the proper venue for any disputes arising out of
or relating to any of the same will be the state and
federal courts located in Alameda County,
California. If any part of these Terms and
Conditions is held invalid or unenforceable, that
part will be construed to reflect the parties’
original intent, and the remaining portions will
remain in full force and effect. A waiver by either
party of any term or condition of these Terms and
Conditions or any breach thereof, in any one
instance, will not waive such term or condition or
any subsequent breach thereof. You may assign your
rights under these Terms and Conditions to any party
that consents to, and agrees to be bound by, its
terms; ParentLocker may assign its rights under these
Terms and Conditions without condition. These Terms
and Conditions will be binding upon and will inure
to the benefit of the parties, their successors and
permitted assigns.
