TERMS OF SERVICE

Effective date: January 1, 2014

Welcome to Exploros! Please read our Terms of Service carefully before accessing or using the Exploros website or any of the Exploros mobile applications. By accessing or registering at the Exploros website, and/or by downloading any of the Exploros mobile applications, you agree to become bound by these Terms of Service. When we use the word “Services,” we mean not only the Exploros.com website, but also all the other websites, products, services, and applications made available by Exploros. If you do not agree to all the Terms of Service, then you may not access the Exploros website or use any of our products or services. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@exploros.com.

IMPORTANT NOTE: Exploros Services are intended for use by teachers and by educational institutions, public or private.

Exploros is available in the U.S. to individuals aged 13 years or older. If you are 12 or younger, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Outside the U.S.: If you are under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. We reserve the right to change this Agreement from time to time without notice. You agree that it is your responsibility to review this Agreement frequently to learn of any modifications.

How does Exploros protect my privacy?

We only collect personal information through the Services from a child under 13 where that student’s school, district, and/or 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, for the use and benefit of the learning environment. If you are a student under 13, 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 under 13 without parental consent being obtained by his or her school, district, and/or teacher, 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 support@exploros.com.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. You are responsible for understanding how any third-party products that you install on behalf of yourself or other users may collect and use information of users of Exploros’s Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy. 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 as part of your curriculum, 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.

What are the Terms of Service?

These Terms of Service (the “Terms”) are a binding contract between you and Exploros, Inc. (“Exploros,” and sometimes, “we” and “us”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

We reserve the right to change this Agreement from time to time without notice. You agree that it is your responsibility to review this Agreement frequently to learn of any modifications.

Wherein, you understand and acknowledge that:

1. In order to access our Product, you may be required to provide certain information (such as name, email, etc.). You agree that any information you provide will always be accurate, complete, and updated registration information about yourself. You can’t select for your Exploros User ID or email a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person.

2. Our Product may contain material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction of such material outside our Product is prohibited.

3. Exploros owns all legal rights, title, and interest in and to its Product, including any intellectual property rights, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Product is strictly prohibited without our prior written agreement. Unauthorized use of our Product may give rise to a claim for damages and/or be a criminal offense.

4. By using our Product, you may provide contents and any other materials, information, ideas, concepts, and know-how. Under no circumstances will Exploros become liable for any payment to you for any information that you provide. You, and not Exploros, are solely responsible for any Content you make available through your use of the Service. Exploros does not control the Content hosted via the service, nor does it guarantee the accuracy, integrity, or quality of such Content.

5. If you are a teacher, Exploros will generate an access code for you to use (a “Teacher ID”). You are responsible for maintaining the confidentiality of passwords and Teacher IDs associated with any account you use to access our Product and you are responsible for all activities that occur under your account(s). You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you. If you become aware of any unauthorized use of your password or of your account, you agree to notify Exploros immediately at support@exploros.com.

6. You agree to the use of any data related to our Product in accordance with Exploros’s Privacy Policy included in our website. Learning Experiences downloaded and accessed through the Services are being provided by a third party and not by Exploros, so we don’t have any control over or responsibility for the Learning Experiences. In addition to these Terms with respect to Publisher Software, your download or use of Learning Experiences is governed by the terms of any agreement set by the Learning Experience Publisher. Exploros prohibits Publishers from collecting or using any information beyond what Exploros itself collects and uses pursuant to its Privacy Policy, but this does not mean we are responsible for reviewing or verifying the accuracy of any Publisher’s data collection or use policies.

7. We may provide various open communication features on our Product, posts, brainstorming, discussions, polling, media commenting, etc. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (i) is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, racist, and pornographic or contains any type of inappropriate or explicit language; (ii) infringes any trademark, copyright, trade secret, or other proprietary right of any party; (iii) attempts any type of unauthorized advertising.

8. We reserve the right to anonymously track and report a user’s activity inside of our Product. We are not responsible or liable in any way for any Content provided by others. However, we reserve the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may prescreen and/or remove Content at any time if such Content is found to be in violation of this Agreement or is otherwise objectionable. The Digital Millennium Copyright Act (“DMCA”) relates to online service providers like Exploros removing material that they believe in good faith violates someone’s copyright.

9. We may, at our sole discretion, suspend or terminate your access to all or part of our Product with or without notice and for any reason, including, without limitation, breach of this Agreement.

10. Exploros 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. 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.

What are the terms of service regarding Exploros Content and Content Providers?

For the purposes of this Agreement:

“Exploros Content” means digitized electronic content obtained through the Exploros Marketplace, such as Learning Experiences and other static and interactive electronic content.

“Content Provider” means the party or publisher offering “Exploros Content” in the Exploros Marketplace.

“Your Content” means digitized electronic content that you have authored and uploaded to the Exploros Marketplace.

Use of Exploros Content. Upon your download of Exploros Content and/or payment of any applicable fees (including applicable taxes), the Content Provider grants you a nonexclusive right to view, use, and display such Exploros Content an unlimited number of times, solely on the Exploros Platform as otherwise permitted as part of the Service, and solely for your own, noncommercial use, as a teacher you may publish Exploros Content to your students. Exploros Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Exploros Content. Those terms will also apply, but this Agreement will govern in the event of a conflict.

Exploros is not responsible for and does not control the Exploros Content provided by the Content Provider. Exploros has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Exploros Content. You use all Exploros Content and interact with other Users at your own risk.

Limitations on Content Usage. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Exploros Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Exploros Content. In addition, you may not bypass, modify, defeat, or circumvent security features that protect the Exploros Content.

In certain cases, the Learning Experience Content owner may have granted an Exploros Marketplace license providing terms that enable you to remix, tweak, and build upon his or her work noncommercially; in such cases you may clone the Learning Experience and produce a derivative for your classroom use only.

Your Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Exploros Marketplace. Exploros does not claim ownership of Your Content. However, you grant Exploros a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, nonexclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Exploros Products and Services to you. When you as a User post or publish Your Content on or in the Exploros Marketplace, you represent that you have the authority to grant the aforementioned license to Exploros. Please remember that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to the Exploros Marketplace. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

Does Exploros cost anything?

The basic Exploros Services are free; we don’t charge for signing up for a basic, individual Exploros account. However, we may offer certain premium products and services for a fee, including Learning Experiences available through the Exploros Marketplace. Student accounts are not permitted or enabled to download Learning Experiences from the Marketplace.

What if I want to stop using Exploros?

You’re free to stop using Exploros at any time. You can request that we delete your account by contacting us at support@exploros.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Disclaimer of Warranties

Our Product is provided “as is.” Exploros hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Exploros does not make any warranty that the Product will be error-free or that access thereto will be continuous or uninterrupted.

You understand that you use our Product at your own discretion and risk. You are solely responsible for any damage to your computer or other devices and for any loss of data that may result from the download of such content. We do not provide any warranty or guarantee as to the accuracy, performance, completeness, or suitability of the information and materials found or offered on our Products. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Exploros does not guarantee or warrant that any content you may store or access through the Exploros service will not be subject to inadvertent damage, loss, or removal.

It is your responsibility to maintain appropriate alternate backup of your information and data.

Limitation of Liability

In no event will Exploros be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Exploros.

General Representation and Warranty

You represent and warrant that (i) your use of our Product will be in strict accordance with the Privacy Policy as stated below, with this Agreement and with all 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 (ii) your use of the Product will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Exploros, 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 Product, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Exploros and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Exploros, or by the posting by Exploros of a revised version. Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of our Product will be governed by the laws of the state of Massachusetts, USA. Contact support@exploros.com.

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