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Terms of Use
Legal Notice and Terms of Use
Last updated: June 30, 2016
These Terms govern your use of the Site and the Services on it. Please read these Terms carefully as your access to this Site or use of the Site or Services in any way means you accept these Terms and agree to be bound by them. If you do not agree to these Terms, you must stop accessing or using this Site and the Services.
These Terms of Use ("Terms") apply to your use of the websites and online offerings provided by SoftChalk LLC ("SoftChalk", "us", "our") and any web pages that display a direct link to these Terms (collectively the "Site"), and all web hosted services accessible through the Site, including but not limited to online forums, training, support services, downloadable content and trial, beta or other downloads of software (the "Services"). You may be referred to in these Terms as "you" or "your". Any user (including you) may be referred to in these Terms as "User".
Certain features or Services made available through the Site may have additional or alternative terms and conditions that apply, which are posted on the relevant feature or Service.
Please read the entire Terms as all of the provisions apply to your use of this Site:
Changes to the Terms or Site
SoftChalk may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site and the Services if you do not agree to the amended terms, and to provide SoftChalk notice to remove you from any distribution lists or other communication list that are available to you through registration on this Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
SoftChalk may at any time and from time to time modify or discontinue, temporarily or permanently, the Site (or any part of it). SoftChalk shall not be liable to any User or other third party for any such modification, suspension or discontinuance.
SoftChalk may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and sites are subject to and governed by these Terms.
Privacy Notice
Your privacy is important to SoftChalk. SoftChalk's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
Use of User Provided Content
In these Terms, the expression "Submission" means content submitted by our Users, and includes, but is not limited to, any User contributed file (including a file created in SoftChalk software format), text, images, content, video, communications, opinions, links, software, data, and any other content any User provides on the Site. Users may contribute Submissions in a variety of manners including, but not limited to content upload pages or other methods of file content sharing, message boards, chats (discussion forums) blogs, audio and/or podcasts, video blogs, personal web pages, wiki pages and/or other message or communication facilities designed by SoftChalk to enable Users to communicate or share materials with others.
You acknowledge that all Submissions, whether publicly posted or privately transmitted, accessible through the Site are the sole responsibility of the person from whom the Submission originated, and YOU ARE USING SUCH SUBMISSION AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. SoftChalk does not control the Submissions provided by Users of the Site, and can therefore not guarantee the accuracy, quality, integrity or ownership of such Submission. You acknowledge that you may be exposed to Submission material that you find offensive or indecent, or for which the underlying rights have not been properly obtained. You acknowledge that SoftChalk assumes no responsibility for content posted by third parties, which is available through the Site or the Services made available through the Site. You are solely responsible for your use of the Submissions and any disputes you may have with other Users, even though SoftChalk may provide a method for Users to advise of a dispute or complaint). Please see Dispute section below for additional information.
Users may include hypertext links in Submissions to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, would not violate the Terms. SoftChalk exercises no control whatsoever over such other Sites and web-based resources. SoftChalk does not endorse or guarantee the accuracy of any Submission or other content on the Site. You agree that SoftChalk is not responsible for the accuracy or availability of any third party content, advertising, promotions, products or other materials accessible through the Site and will not be liable for any damages incurred as a result of the submission or use of any such content.
Clicking on links contained in Submissions is done so at the User's own risk. SoftChalk reserves the right to review any Submissions and to remove or refuse to remove or post any Submissions or links within Submissions in its sole discretion.
Third Party Offerings and Sites
The Site may contain or reference links to third party Sites or third party advertising. Some of those links are provided as a convenience only. The inclusion of any link or reference to a Third Party service, product or promotion is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SoftChalk of any information contained in any third party Site.
If you decide to use Third Party services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party services (including their privacy policies). You agree that the third party, and not SoftChalk, is responsible for the performance of the Third Party services, the information contained in such Third Party site and for your use or inability to use such Third Party site.
SoftChalk Provided Content
While reasonable efforts have been made to ensure the information on this Site is as accurate and up-to-date as necessary for the purposes for which it is to be used, the information on this Site does not represent a commitment on the part of SoftChalk. SoftChalk makes no representation or warranty of any kind with respect to use of this Site or the information on this Site. Information published may contain references to products, programs or services that are not announced or available in all countries. Such references do not imply that SoftChalk intends to make such products, programs or services available in any specific country. The information available on this Site is provided as a convenience only.
Images and all other content contained on the Site that is not specifically offered for download by the Users is the property of SoftChalk or its licensees and you agree not to copy, publish, distribute, display or otherwise use such materials other than viewing them on the Site, without the express written permission of SoftChalk.
Intended Use
Unless specifically otherwise stated in these Terms, or the additional or alternative terms associated with a particular Service, all materials, information, Submissions and Services contained on or accessible through this Site may only be downloaded, viewed and printed for personal use or use within your organization (including educational institutions), and only provided that no trade-mark, copyright or other proprietary notices contained in or appearing on such material are removed, modified or obscured. Material, information, Submissions and Services (including software programs) contained on or accessible through this Site may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent and/or your acceptance of the associated end user license agreement, as applicable. All rights not expressly granted in these Terms are reserved, and Users must seek our permission before making any other use (and in particular, any reproduction or use for commercial gain) of material, information, Submissions or Services contained on or through this Site.
Unless specifically otherwise stated in these Terms, your permission to use the Site does not include: any resale or commercial use of the Site or its contents (including Submissions) whether provided by SoftChalk or any of its Users or third party content providers, or any derivative use of this Site or its contents; or the creation of a competing offering. You agree to not download bulk amounts of Submissions or other content from the Sites, regardless of whether the intent is to use such content for commercial purposes. Unless an express license is granted to you elsewhere in Terms or related features or Services, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, transfer, sell or otherwise exploit any of the content, Submissions, software, products or Services on this site for any commercial purpose. By using the Site, you warrant to SoftChalk that you will not use the Site, or any of the content (including Submissions) obtained from the Site, for any purpose that is unlawful or prohibited by these Terms (see Prohibited and Illegal Activities below). If you violate any of these Terms, without limiting any other remedy available to SoftChalk, your permission to use the Site automatically terminates.
Submitting User Generated Content for Public Use
By submitting or placing any Public Submissions on the Site (in any form whatsoever), you are granting SoftChalk, its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees and other such parties as SoftChalk may designate from time to time (which may include any or all Users) a royalty free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish your name in connection with your Submissions, at SoftChalk's option, and waive your moral rights with respect to any such Submission; and the right to sublicense such rights to any User or supplier of the Site. You also waive any moral rights you may have in the Submissions in favor of SoftChalk, its licensees and sub-licensees. You acknowledge that this license cannot be terminated or the waiver revoked by you once the Submission is submitted to the Site.
By submitting ideas, feedback, comments, testimonials, opinions, suggestions or any other material to the Site, you agree that SoftChalk will treat such Submissions as non-confidential, that SoftChalk can use such Submissions without any compensation to you or to any other person or entity, and that SoftChalk may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such Submissions from you.
By placing Public Submissions on the Site, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, or submit the Submission. You shall not contribute or edit any Submission, unless:
- You have the legal right to submit your Submissions, which includes, without limitation, that you are the author or licensee of any copyrighted content that you provide, and that you are legally permitted to contribute it in accordance with a license or arrangements with your employer or third parties for use consistent with the manner the Submissions will be used as permitted under these Terms;
- Where the Submissions are photographs, images, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that each person depicted in such Images, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images; and
- You believe that it is correct, non-offensive, and legal and does not infringe any third party rights (including, without limitation, under anti-defamation laws). You acknowledge that SoftChalk can refuse to post and can remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Submissions—Privacy Safeguards
While SoftChalk strives to maintain your privacy (see our Privacy Policy), you should always use caution when giving out any personally identifiable information about yourself in any Public Submissions. Any Public Submissions that you place on the Site can be obtained and used by others. SoftChalk does not control or endorse the content, messages or information found in any Public Submissions on the Site. SoftChalk specifically disclaims any responsibility or liability with regard to the Public Submissions and any actions resulting from your participation in any Public Submissions on the Site.
SoftChalk reserves the right, in its sole discretion, to remove any Public Submissions on the Site containing phone numbers, street addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains.
Rights of Third Parties
You may not submit Submissions, including forms, software, derivatives works of software or property, photos or images, that infringe in any manner on the copyright, trade-mark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Submissions for Users to access copyrighted material for informational purposes -- but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.
You agree not to make Submissions that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
YOU ACKNOWLEDGE THAT A PARTY AGGRIEVED BY YOUR UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, A BREACH OF COPYRIGHT OR DEFAMATORY MAY TAKE LEGAL ACTION WHICH COULD RESULT IN YOUR PERSONAL INFORMATION BEING DISCLOSED AND YOU HAVING TO PAY COMPENSATION TO THE AGGRIEVED PARTY.
Reporting Concerns or Disputes
If you believe a third party is violating these Terms (such as posting offensive material), you may report such abuse to info@softchalk.com. SoftChalk has no obligation to monitor Submissions made on the Site. SoftChalk does, however, have the right to monitor such Submissions and to disclose third party information in accordance with the SoftChalk Privacy Policy, which policy forms part of the Terms of Use of the SoftChalk Sites.
You may request SoftChalk remove any Submission you have made at any time and, upon confirmation that the Submission is yours, SoftChalk shall endeavour to remove the Submission, however the license you have granted to SoftChalk licensee's and sub-licensees shall continue in perpetuity, including the license for SoftChalk and its licensees to derivative works of your Submission. If you believe another User is violating your copyrights, you may send a notice to SoftChalk at info@softchalk.com including a) your contact details (name, telephone, email, address); b) identifying the Submission in question, and c) details on the basis of the infringement claim. SoftChalk will make an assessment and if, in our sole opinion, such action is merited, we will remove the Submission in question. Other than this removal remedy, SoftChalk shall have no further obligations or liability regarding copyright infringement disputes for Submissions. All such disputes related to third party Submissions (such as a dispute regarding ownership of copyright), links, sites or promotions should be addressed to that third party and a copy may be provided to the SoftChalk at info@softchalk.com.
SoftChalk Cloud
Users may download and use downloadable resources, including SoftChalk provided content or User generated Submissions made available on SoftChalk Cloud under the following conditions:
All other provisions of these Terms apply unless in conflict with the terms contained in this section, in which case the terms of this section shall apply. To the extent permitted by our licensors, we grant you a non-exclusive, worldwide, limited, royalty-free, non-sublicenseable, non-transferable license to SoftChalk Cloud, subject to the following conditions and to your contractual agreement to refrain from using any SoftChalk Cloud Content beyond the scope of this license:
- Your license is limited to non-commercial purposes as described in the Intended Use section above, and, without limiting that restriction, you agree not to download large quantities of Exchange Content for commercial or non-commercial redistribution or the creation of a competing offering.
- You may access, copy, distribute, publish, and otherwise use unmodified Cloud Content subject to the condition that you maintain a reference to the original author and/or the SoftChalk logo or trademark to the extent the same was contained on the Cloud Content
- You may edit modifiable Cloud Content and distribute, publish, and otherwise use such modified content, subject to the Creative Commons By license. Works licensed with CC BY can be redistributed and adapted without restriction other than attribution. This means the works can be translated, localized, incorporated into commercial products, and combined with other educational resources. CC BY allows these reuses by anyone for any purpose, all with credit to the original creator.
The license granted herein may be terminated by SoftChalk immediately and without notice if we determine, in our reasonable discretion, that you are excessively using content published on this Site for commercial purposes (e.g., without limitation, by publishing significant portions of the content on this Site in books or Sites that you make available only for a charge, or by deep-linking to portions of this Site from a commercial Site), or you fail to comply with any other term or condition of these Terms. Upon termination of the license, you shall cease to commercialize or otherwise use any content published on the Site (except content that you contributed yourself, without any edits contributed by others). If you are concerned about such a potential termination, please notify us (at info@softchalk.com) of any contemplated commercial use of this Site to request our prior written permission, which we may grant or deny at our sole discretion.
IN PARTIAL CONSIDERATION FOR USING THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD SOFTCHALK, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES ON A SOLICITOR AND HIS OWN CLIENT BASIS, MADE BY ANY THIRD PARTY DUE TO ARISING OUT OF YOUR ACCESS OR USE OF THE SoftChalk CLOUD SITE, OR ANY SUBMISSIONS MADE OR OBTAINED THROUGH THIS SITE. Subscription portions of SoftChalk Cloud may be subject to additional or alternate terms, which are available upon registration for such service.
Trial and other Software Downloads
SoftChalk may make certain software (including trial and beta versions of software) available to you through the Site. Your use of such software is subject to the terms of the applicable end user license agreement and any other terms stated on the Site or feature related to the associated software. You agree that if you are given a product activation or installation key for any SoftChalk software, you will retain that key for your personal use and not make it available to others or post or display the key information for use by others.
Conduct
Users are expected to respect and interact with other Users in the public forums as you would in any public arena and refrain from using offensive, harassing or otherwise inappropriate language in any Submission. You acknowledge that you are responsible for your interaction with other Users.
Prohibited and Illegal Activities
Use of the Site for any activity that violates local, provincial, national, international law, order or regulation, is a violation of these Terms. In addition, certain other uses of the SoftChalk Sites and related Services are prohibited and a violation of these Terms. Illegal and prohibited activities include, but are not limited to:
- Posting or making Submissions that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory, or any material that interferes with the ability of others to enjoy or utilize the Site.
- Posting or disseminating material or using the Services made available through the Site or information obtained from the SoftChalk Site in a manner that is harassing or advocates harassment of another person including, without limitation, posting or making Submissions that are harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.
- Posting or making Submissions that violate copyright or intellectual property rights.
- Using the Site for the promotion of illegal conduct, activities or fraudulent schemes. Specifically, you may not advocate illegal conduct, such as pyramid schemes, or other illegal soliciting schemes. Furthermore, you agree to not engage in any illegal activity in connection with your Submissions or post links to other web sites that deal with such illegal activities.
- Fraudulent activities including, but not limited to, impersonating any person or entity, or forging anyone's digital or manual signature. Posing as a SoftChalk moderator or SoftChalk staff is expressly prohibited.
- Uploading, transmitting or disseminating files or any other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Site, SoftChalk servers, another's computer or property of another.
- Using the Site in any manner that could damage, disable, disrupt, overburden, or impair any SoftChalk server, or the network(s) connected to any SoftChalk server, or interferes with any other party's use and enjoyment of the Site. Any interference with the computer networking or telecommunications services of any User, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host through the use of this Site is prohibited.
- Gaining or attempting to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any SoftChalk server through hacking, password mining or any other means. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools are prohibited. Any use of data mining, robots or similar data gathering and extraction tools or processes is prohibited. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Unless expressly permitted by SoftChalk, soliciting or promoting (either in your Submissions or in your profile) any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method, unless expressly agreed to by SoftChalk.
- Gathering or attempting to gather public email addresses made public in the registered User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site.
- Soliciting, transmitting or promoting "junk mail", "chain letters", surveys, contests or unsolicited mass mailing or spam.
You hereby authorize SoftChalk to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce these Terms.
Should you fail to observe any of the Terms, SoftChalk may pursue any or all of its remedies against you including, but not limited to, legal action or injunctive or other equitable relief where appropriate.
Creating an Account
Certain Services available through this Site require the User to complete the registration process to create an account. Such Services may include (but are not limited to) participating on online community portions of this Site, and setting personal preferences for use on the Site. As part of the registration process, you are required to provide certain information, including your first and last name, and a username. Please consider that this information will be made publicly available. Although some features currently allow posting with only a username, SoftChalk reserves the right in the future to require such posts be associated with the User first and last name. Any personally identifiable information you provide in the account creation or maintenance process will be managed by SoftChalk in accordance with its Privacy Policy.
We reserve the right to delete any free account that has not been logged into for six months or longer.
You agree that the information that you supply during the registration process will be true, current, accurate and complete, and you agree not to (i) register under the name of another person; (ii) choose a username that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; (iv) choose a username that incorporates a solicitation (e.g. yourproduct, yourservices, yourSite); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any SoftChalk employee, Officer or Director. You agree to maintain and promptly update your registration data as necessary to keep it true, current, accurate and complete.
If, after investigation, SoftChalk has reasonable grounds to suspect that any registered User's information is untrue, inaccurate, not current or incomplete, SoftChalk may suspend or terminate that registered User's account and prohibit any and all current or future use of the Site (or any portion of it) by that User.
SoftChalk is concerned about the privacy and safety of all its Users, and in particular, of children. For this reason, if you are under the age of 13, you may not create an account for any of the Services offered on the Site. Some portions of this Site may allow individuals under the age of 13 to participate in forums limited to a specific User group and subject to the registration process, identity verification and other additional terms of use of that forum.
Security
You are responsible for maintaining the confidentiality of your passwords and account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account, including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify SoftChalk immediately of any unauthorized use of your account or any other breach of security. SoftChalk will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by SoftChalk or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.
Moderators
SoftChalk has no obligation to monitor Submissions or other materials. However, Site Moderators may monitor the Site's Submissions. Site Moderators do not pre-screen Submissions, monitor on a "real time" basis, or edit Submissions made to the Site. As a User, you may see content that is offensive or objectionable. Each User must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content on the Site by sending an email to info@softchalk.com.
SoftChalk reserves the right to manage the Submissions on the Site in order to facilitate the orderly distribution of information through the Site. For that purpose, SoftChalk may, at its election, designate SoftChalk employees and/or outside entities to act as Moderators for the Site. The Moderators are not obligated to review all Submissions, nor do they edit Submissions. You assume the risk of reading and acting upon information from any Submissions made by a Moderator or other individual within the Site.
Termination of Membership or Participation
Your privilege to use or access the Site and/or Services may be terminated by SoftChalk immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not to re-register or otherwise make use of, or attempt to use, the Site or Services. Furthermore, you acknowledge that SoftChalk reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site or Services. You understand that SoftChalk may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to SoftChalk.
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT POSTED TO THE SITE IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH SOFTCHALK. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT SOFTCHALK DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT SOFTCHALK IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD SOFTCHALK, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
THE CONTENT ON THE SITE IS "AS IS" AND CARRIES NO WARRANTIES. SOFTCHALK DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. SOFTCHALK DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. SOFTCHALK DOES NOT WARRANT THAT USE OF THE SITE, OR ANY CONTENT, SERVICE, SEARCH OR LINK ON IT WILL PRODUCE CERTAIN RESULTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. SOFTCHALK IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT OR SERVICES. SOFTCHALK CANNOT ENSURE THE FILES YOU DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR CAN IT ENSURE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS CONTAINED ON, FUNCTIONS OF, OR SERVICES OFFERED ON, THIS SITE. SOFTCHALK FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES OR SITE USERS IN CONNECTION WITH THE SITE AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTCHALK AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SOFTCHALK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOFTCHALK AND YOU. SOFTCHALK WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE WITHOUT SUCH LIMITATIONS.
General Terms
The Terms are a complete statement of the agreement between you and SoftChalk, and set forth the entire liability of SoftChalk and your exclusive remedy with respect to your access and use of the Site. The agents and employees of SoftChalk are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on SoftChalk. Any waiver of the terms herein by SoftChalk must be in a writing signed by an authorized officer of SoftChalk and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The Terms will be governed by Virginia law and the applicable federal laws of the United States as applied to agreements entered into and to be performed entirely within Virginia, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree that such dispute may be resolved with personal jurisdiction by, and the choice or forum or venue shall be in, the provincial and federal courts of the Commonwealth of Virginia, City of Richmond, and such courts will have exclusive jurisdiction. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that SoftChalk may have under trade secret, copyright, patent or other laws. SoftChalk reserves the right at all times to disclose any information as SoftChalk deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SoftChalk's sole discretion. SoftChalk, and SoftChalk related brands are trade-marks of SoftChalk LLC, and may be registered in the United States and other jurisdictions. Other brands, logos and marks are trade-marks of their respective owners.
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Developers Agreement
SoftChalk™ Cloud Developer Agreement
Last updated: April 29, 2021
This Developer Agreement ("Agreement") is a legal contract between you, a Public Learning Content developer of at least 13 years of age ("Developer") and SoftChalk, LLC. ("SoftChalk") regarding your registration of Public Learning Content on the SoftChalk Cloud web site ("Cloud Site"). All references to "us," "our" and "SoftChalk" in this Agreement are intended to refer to SoftChalk, LLC. All references to "you," "your" and "Developer" in this Agreement are intended to refer to the Developer. SoftChalk, LLC is located at:2441 Nacogdoches Road, PMB 535, San Antonio, TX 78217, or through email to info@softchalk.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY PUBLISHING SOFTWARE ON THE Cloud SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING AGREEMENT, INCLUDING ANY FUTURE MODIFICATIONS THERETO. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN PLEASE DO NOT PUBLISH SOFTWARE ON THE Cloud SITE.
- Modification of this Agreement. SoftChalk reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time without notice. Any new features that augment or enhance the current site, including the release of new tools and resources, shall be subject to this Agreement. Please check this Agreement periodically for changes. Your maintenance of registered software or your registration of additional software on the Cloud Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, such amended terms will automatically be effective thirty days after they are initially posted on the Cloud Site.
- Terms of Use. Your registration of Public Learning Content is also subject to the general terms of use for the Cloud Site ("Terms of Use"). The Terms of Use is hereby incorporated into this Agreement by reference. Please read this agreement carefully.
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Public Learning Content Registration and Publication.
- Definition of Public Learning Content. SoftChalk permits Developers to register software in which Developer has the necessary rights, for other users of the Cloud Site to utilize (“Public Learning Content”).
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Ownership, Limited License Grants.
- Limited License Grant to SoftChalk. By registering Public Learning Content on the Cloud Site, you hereby grant to SoftChalk a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, and irrevocable license to use, display, reproduce, distribute (by any means including electronic distribution via the Internet), modify, and exploit the Public Learning Content that you register pursuant to this Agreement.
- Limited License Grant to other Cloud Users. By registering a Public Learning Content on the Cloud Site, you also hereby grant to each user of the Cloud Site and any other properties through which SoftChalk distributes your Public Learning Content, a CC By (Creative Commons By Attribution) license to use, display, redistribute and adapt without restriction other than attribution, any Public Learning Content you register.
- Required Rights in Public Learning Content. You are solely responsible for your Public Learning Content and the consequences of posting or publishing them. In connection with Public Learning Content, you affirm, represent and/or warrant that you created, own, or have the necessary licenses, rights, consents, and permissions to use and to authorize SoftChalk and users of the Cloud Site to use your Public Learning Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by SoftChalk and this Agreement.
- Developer Representations. In connection with registering Public Learning Content, you further agree, represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret laws or is otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SoftChalk and the users of the Cloud Site all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SoftChalk or any third party person or entity; (iii) submit material that is defamatory, unlawful, obscene, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) submit material that contains computer instructions, circuitry or other technological means whose purpose or effect is to disrupt, damage or interfere with any computer and communications facilities or equipment, including, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that self-replicates; (v) post advertisements or solicitations of business; or (iv) impersonate another person.
- Advertisements or Solicitations of Business. SoftChalk does not allow the display of advertisements and solicitations of business within Public Learning Content. Developers will not display any advertisements or solicitations of business in their Public Learning Content.
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Restrictions. WHEN REGISTERING PUBLIC LEARNING CONTENT OR OTHERWISE USING THE Cloud SITE YOU AGREE NOT TO:
- Register any Public Learning Content that constitutes, promotes, or is used primarily as spyware, adware, or other malicious programs or code;
- Register any Public Learning Content that constitutes or promotes pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Register any Public Learning Content or use the Cloud Site for any purpose or use that is unlawful or is otherwise prohibited by this Agreement;
- Use the Cloud Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Cloud Site;
- Misrepresent the source, identity, or content of Public Learning Content registered on the Cloud Site;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Cloud Site, features that prevent or restrict use or copying of any content accessible through the Cloud Site, or features that enforce limitations on use of the Cloud Site;
- Register any Public Learning Content intended for use in the operation of nuclear facilities, life support, or other mission critical applications where human life or property may be at stake; or
- Register any Public Learning Content intended to derive income, whether for direct commercial or monetary gain or otherwise, without SoftChalk's prior, express, written permission.
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Financial Terms.
- Fees. You must use a current license of SoftChalk to publish and register Public Learning Content on the Cloud site. You may use the free-trial version of SoftChalk for this purpose. No additional fee is required. We may make additional premium Services available to you from time to time and such additional services may be subject to different terms and fees. We will make such additional terms and/or fees known to You before utilizing any additional Services.
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Termination.
- By Developer. Developer may terminate this Agreement as to any Public Learning Content at any time by removing such Public Learning Content from the Cloud Site.
- By SoftChalk. You agree that SoftChalk, in its sole discretion and for any or no reason, may suspend or terminate any Public Learning Content you may have registered with Cloud or your use of the Cloud Site and remove and discard all or any part of any Public Learning Content at any time. SoftChalk may also in its sole discretion and at any time discontinue providing access to the Cloud Site, or any part thereof, with or without notice. You agree that any termination of your access to the Cloud Site or any account you may have or portion thereof may be effected without prior notice, and you agree that SoftChalk shall not be liable to you or any third party for any such termination, or for any price change, suspension or modification of service. As discussed herein, SoftChalk does not permit copyright infringing activities on the Cloud Site, and reserves the right to terminate access to the Public Learning Content Site, and remove all content (including but not limited to Public Learning Content) submitted, by any Developers who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Cloud Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SoftChalk may have at law or in equity.
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Disclaimers; No Warranties.
THE CLOUD SITE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO PUBLIC LEARNING CONTENT, APIS AND USER PROVIDED INFORMATION, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLOUD SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOFTCHALK, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
SOFTCHALK, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CLOUD SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CLOUD SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
SOFTCHALK, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CLOUD SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SOFTCHALK NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CLOUD SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification Hold Harmless. You agree to indemnify, save, and hold SoftChalk, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of SoftChalk’s distribution of your Public Learning Content, your violation of this Agreement, your violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. SoftChalk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SoftChalk, and you agree to cooperate with SoftChalk’s defense of these claims.
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Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SOFTCHALK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE CLOUD SITE, OR ANY OTHER INTERACTIONS WITH SOFTCHALK, EVEN IF SOFTCHALK OR A SOFTCHALK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOFTCHALKS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL SOFTCHALK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE CLOUD SITE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER CLOUD SITE USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CLOUD SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN SOFTCHALK AND RECEIVED THROUGH OR ADVERTISED ON THE CLOUD SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE CLOUD SITE.
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Miscellaneous.
- Notice. Except as explicitly stated otherwise, legal notices will be served on SoftChalk’s national registered agent or to the email address you provide to SoftChalk during the registration process. Notice will be deemed given twenty- four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Cloud Site. In such case, notice will be deemed given three days after the date of mailing.
- Waiver. The failure of SoftChalk to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SoftChalk.
- Relationship of the Parties. The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. Developer agrees that SoftChalk has no special relationship with or fiduciary duty to Developer.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law.
- Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or SoftChalk will be filed only in the state or federal courts in and for Richmond, Virginia, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SoftChalk without restriction.
- Survival. Sections 3.2.4, 4 and 7 through 10 will survive any termination of this Agreement.
- Force Majeure. Without limiting the foregoing, under no circumstances shall SoftChalk or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- US Dollars. Any payments hereunder will be made or payable in United States dollars.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and SoftChalk relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to this Agreement made by SoftChalk as set forth in Section 1 above.
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Privacy Policy
Privacy Policy Statement
Effective Date: July 15, 2020
The privacy of individuals and organizations who use SoftChalk products is important to the partners, managers, and staff at SoftChalk LLC. This Privacy Policy applies to our content authoring platform SoftChalk Cloud (www.softchalkcloud.com), all instances of enterprise SoftChalk Cloud platforms, SoftChalk INSPIRE (inspire.softchalkcloud.com), our desktop authoring app, SoftChalk Create, and our corporate website (www.softchalk.com).
This Privacy Policy describes how SoftChalk collects and uses the personal data you provide in order to use our services. It also describes your choices regarding use, access and correction of your personal information. This policy governs information you provide to us, or we learn from your use of SoftChalk products and services.
For purposes of this document, the terms 'SoftChalk', 'we', and 'us' refers to SoftChalk LLC. SoftChalk offers a range of products, including our platform, SoftChalk Cloud (www.softchalkcloud.com), all instances of enterprise SoftChalk Cloud platforms, SoftChalk INSPIRE (inspire.softchalkcloud.com), our desktop authoring app, SoftChalk Create, and our corporate website (www.softchalk.com). We refer to all of these products together, along with other services we provide, as "Services" in this policy.
By using SoftChalk products, services, and websites, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use these products, services, or websites.
Where we provide our Services under contract with an organization (for example your employer or school), that organization controls the information processed by the Services. For more information, please see Notice to End Users below.
What this Privacy Policy Covers:
This Privacy Policy is intended to make you aware and help you understand:
- What information we collect about individuals and organizations
- How we use information we collect
- How we share information we collect
- How we store and secure information we collect
- How to access and control your information
- Other important privacy information
What information we collect about individuals and organizations
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
Information you provide to us
SoftChalk collects information about individuals and organizations when you input it into the Services or otherwise provide it directly to us.
Account and Profile Information: We collect information about individuals when you register an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You have the option of adding a display name, profile photo, job title, and other details to your profile information to be displayed in our Services. You also have the option of keeping this information private or making it public (e.g. allowing other users on the SoftChalk Cloud platform to see your personal information). We keep track of your preferences when you select settings within the Services.
Content you provide through our products: The Services include the SoftChalk Create and SoftChalk Cloud platforms, where we may collect and store content that you post, upload, and share. This content includes any information about you that you may choose to include. Examples of content we collect and store include: lesson content, files (graphics, videos, audio files), and links you upload to or save within the Service; metadata about the content you store within the service (title, description, keywords, education levels); the comments and ratings you post to content that you or other users on the platform own; and feedback you provide to us.
Content you provide through our corporate website: The Services also include our websites (www.softchalk.com, www.softchalkcloud.com, and inspire.softchalkcloud.com ) owned or operated by us. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage and to understand the demographics of visitors to our websites. These tools collect information sent by your browser or mobile device, including the pages you visit, and other information that assists using analyzing and improving our Services. Other content that you submit to these websites, may include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, webinars, online training, activities or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Payment Information: We collect certain payment and billing information when you register for certain paid Services. For example, we may ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
Information we collect via technology when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; date of last login, the links you click on; the type, size and names of files you create and/or upload to the Services; frequently used search terms; and how you interact with others on the Services.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We may also collect information through your device about your operating system, browser type, and IP address. This information is not personally identifiable information - you remain anonymous to us other than by association with a n internet protocol address.
Cookies and Other Tracking Technologies: SoftChalk and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies to provide functionality and to recognize you across different Services and devices. Certain of our Services require the use of Cookies (a small amount of data that is sent to your browser from a Web site's computer an disc stored on your computer or device). We use cookies to record current session information in order to customize your experience. For example, cookies allow you to access and use the Services without re-entering your username and password; to determine whether an email has been opened and acted upon, and to provide functionality within the lesson content that you create using our Services.
Information we receive from other sources
We may receive information about you from other Service users, from third-party services, and from our business partners.
Other users of the Services: Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a support issue opened by someone else. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your organization's account.
SoftChalk Partners: We work with a global network of partners who may provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We may receive information from these partners, such as billing information, billing and technical contact information, company name, what SoftChalk Services you have purchased or may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.
Other Partners: We may receive information about you and your activities from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.
How we use information we collect
How we use the information we collect depends in part on which Services you use and how you use them. We use the personal information we collect in ways that are compatible with the purposes for which they were intended to be used. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the Services to you, including: to allow you to create your SoftChalk Cloud account; to facilitate purchase of your account; to process transactions with you; authenticate you when you log in; provide customer support; and operate, administer, and maintain the Services; to track and analyze site usage. In using the SoftChalk Cloud services, you may opt out of making your personally identifiable information viewable to other Service users by modifying the options in your SoftChalk Cloud profile.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also send you communications as you onboard to our Cloud or Desktop services to help you become more proficient in using that Service.
To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send you email regarding promotional communications that may be of specific interest to you. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, training opportunities, and other information or events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. All marketing communications provide you the option to "opt out" of receiving these emails.
Customer support: We use your information to resolve technical issues you encounter, and to respond to your requests for technical assistance.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing (for EEA users):
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
- We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as to market and promote the Services and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.
How we share information we collect
The personal information you supply to SoftChalk will not be given, sold, rented, loaned, or otherwise disclosed to any third parties outside of SoftChalk and its agents, except when we have your permission or under special circumstances such as when we believe in good faith that disclosure is reasonably necessary to comply with legal processes or to protect the rights, property or personal safety of SoftChalk, its users, or the public.
Sharing with other Service users
When you use the Services, we share certain information about you with other Service users. For example, you can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. For example, when you comment on a Lesson page, we may display your profile picture and name with your content or your comments so that other users with access to this information understand your association to it. You can control the personally identifiable information that appears to others via the settings in your Profile page.
Enterprise Cloud and license administrators: If you register or access the Services from within an Enterprise SoftChalk Cloud instance, your email address and other account information including the content you create and your name, contact info and usage data become accessible to your organization's Enterprise Cloud administrator. If you are an administrator for a particular site or group of users within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.
Sharing with third parties
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
SoftChalk Partners: We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.
How we store and secure information we collect
Information storage and security
We use data hosting service providers in the United States to host the information we collect, and we use technical measures to secure your data. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
SoftChalk maintains reasonable administrative, technical and physical procedures to protect the information stored on our servers, which are located in the United States. Security safeguards may include but are not limited to data encryption, firewalls, and data use and access limitations.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow you or other Service users to make full use of the Services. For example, we continue to display lessons you created and shared with the community in SoftChalk's OER repository.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your SoftChalk account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
How to access and control your information
Below is a summary of your choices and options to control and access your personal information.
Your Choices:
Access and update your information: Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate your account: If you no longer wish to use our Services, you or your administrator may deactivate your Services account. Please be aware that deactivating your account does not delete your information. For more information on how to delete your information, see below.
Delete your information: Our Services give you the ability to delete certain information about you from within the Service. For example, you can remove content from your account and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services.
Other important privacy information
Student data collected during the course of providing services to educational institutions
SoftChalk provides services to schools and other educational institutions. Through the provision of these Services, SoftChalk may collect personally identifiable information from or about students ("Student PII"). This Student PII is restricted to student first and last name and lesson score information. We consider such Student PII to be strictly confidential and do not use such data for any purpose other than providing our Services to the school or on the school's behalf. Our collection, use and sharing of Student PII is governed by our contracts with the educational institutions, and in the U.S. by the provisions of the Family Educational Rights and Privacy Act (FERPA) and applicable state laws, and by other state, federal, and international laws as applicable but not by the provisions contained in this privacy policy.
Our policy towards children
The Services are not directed to individuals under the age of 13 unless and until a school or educational institution has provided appropriate consent and authorization for a student under 14 to use the Services and for SoftChalk to collect information from such student. If you become aware that a child under 13 has provided us with personal information, please contact our support services.
Changes to our Privacy Policy
We may change this privacy policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the Services homepages, login screens, or by sending you an email notification. We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.
If you disagree with any changes to this privacy policy, you will need to stop using the Services and deactivate your account(s), as outlined above.
Contact Us
If you have any questions about this privacy policy, the information we collect from you, or the Services, please contact our support team at help@softchalk.com or write to:
Director of Operations
SoftChalk LLC
2441 Nacogdoches Road, PMB 535
San Antonio, TX 78217
USA
