Plickers Terms of Service
Updated: June 28, 2019
- Eligibility & Access: Use of the Service is void where prohibited. The Service is for individuals (i.e., not a corporation) who are of legal age to form a binding contract. By using the Service, you represent and warrant that (a) all registration information you submit is accurate and truthful; (b) you will maintain the accuracy of such information, and (c) your use of the Service does not violate any applicable law or regulation.
Your Plickers Account and Data: If you create an account on the Service you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Plickers of any unauthorized uses of your data, your account or any other breaches of security. Plickers will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Plickers may from time to time set storage limits for your data, or take any other measures Plickers considers appropriate to manage the Service.
- You promise to only use the Service for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you.
- You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
Prohibited Content and Activities, and Responsibility of Contributors: For anything you post, upload, share, store, or otherwise provide through the Service (“Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. The purpose of the Service is aiding teaching, instruction, and/or training, and users are asked to post only relevant Content for these purposes. In posting Content, you hereby grant Plickers a license to translate, modify (for technical purposes, for example enabling it to be viewed across different mobile devices) and reproduce Content, in each case to enable us to operate the Service.
- You understand and acknowledge that the Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent. Persons who are 13 or younger are prohibited from using the Service without verifiable parental consent. By using the Service, you represent and warrant that you are over the age of 13.
- In general, all information provided to Plickers should be provided directly by the teacher, school, or district personnel.
By creating Content, you represent and warrant that:
- The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service; Plickers reserves the right to investigate and take appropriate legal action against anyone who, in Plickers's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the accounts of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Plickers:
- is patently offensive and promotes racism, bigotry, hatred or physical harm against any class or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains anything sexually suggestive, excessive violence, or offensive subject matter;
- publicly posts information that poses or creates a privacy or security risk to any person;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities
- involves commercial activities and/or sales without prior written consent from Plickers such as contests, sweepstakes, advertising, etc;
- The following are examples of activities that are prohibited:
- criminal or tortious activity of any kind
- spamming, spimming, sending of viruses or other harmful files
- attempting to impersonate another user or person
- collect email addresses of users for the purpose of sending unsolicited email
By submitting Content to Plickers for inclusion on the Service, for example creating questions, you grant Plickers a royalty-free, irrevocable, and worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any media or distribution methods (now or later developed), for as long as your Content is stored with us.
Responsibility of Service Visitors and Users: Plickers has not reviewed, and cannot review, all of the material posted to the Service, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Service, Plickers does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Plickers disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
Copyright Infringement and DMCA Policy: As Plickers asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Plickers violates your copyright, you are encouraged to notify Plickers in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy by providing Plickers with the following information in writing:
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through an end users any required terms
- the Content is not obscene or libelous and does not violate the privacy or publicity rights of any third party
Trademarks: Plickers, Plickers Inc, the Plickers logo, and all other trademarks, service marks, graphics and logos used in connection with Plickers or the Service are trademarks or registered trademarks of Plickers or Plickers’s licensors. Your use of the Service grants you no right or license to reproduce or otherwise use any trademarks associated with or connected to Plickers. Plickers files or software may not be sold or redistributed, nor offered as a service to others without the express permission of Plickers.
Limitation of Warranties of Plickers, its suppliers and its licensors: Except as otherwise expressly stated, all content posted to or available from the Service is provided “as is”, and Plickers, its suppliers and its licensors make no representations or warranties, express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk, and that Plickers, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you. In such cases, you agree that because warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and Plickers, and are fundamental elements of the basis of the contract between you and Plickers, Plickers’s liability will be limited to the maximum extent permitted by law. You understand and agree that Plickers would not be able to offer the service to you on an economically feasible basis without these limitations.
Limitation of Liability of Plickers, its suppliers and its licensors: Except as otherwise expressly stated, in no event will Plickers, its suppliers or its licensors be liable to you or any other party for direct, indirect, special, consequential, or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Plickers, its suppliers or licensors were expressly advised of the possibility of such damages.
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Your name, address, telephone number, and email address, and
- A statement by you (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
- Infringement Notices should be sent to Plickers by as follows: Attention: Copyright Agent, Plickers Inc, 414 Brannan Street, San Francisco, CA 94107, United States of America, or by email at email@example.com.
- Plickers will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or intellectual property rights of Plickers or others, Plickers may, in its discretion, terminate or deny access to and use of the Service.
Indemnity: You agree to defend, indemnify and hold harmless Plickers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any all claims and expenses, including attorneys’ fees, arising out of your use or misuse of the Service, including but not limited to out of your violation of any representation or warranty contained in this Agreement.
Fees and Payment: Access to the Service is currently free for general uses, but in the future, we may offer special features (including, without limitation, exclusive Content and/or features) which Plickers may charge for. Therefore, Plickers reserves the right to require payment of fees for certain services. If you want access to those services, you shall pay all applicable fees for those services, as will be described on the Website. Plickers reserves the right to change its price list for certain services and institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you continue to use those services following such notification, that use constitutes your acceptance of any new or increased changes.
Membership Types: Plickers users can choose between a free Plickers account or a paid membership to Plickers Pro. Plickers Pro users enjoy access to unlimited set size, unlimited scoresheet time, layout templates for questions, automatic answer shuffling, priority support, and other features and services we may offer. Canceling your membership means it will expire at the end of the term and your account will revert back to a free membership at that time. Visit our Help Center and contact us for more information.
- Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. In such cases, you agree that because warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and Plickers, and are fundamental elements of the basis of the contract between you and Plickers, Plickers’s liability will be limited to the maximum extent permitted by law. You understand and agree that Plickers would not be able to offer the service to you on an economically feasible basis without these limitations.
Future Changes: The Service, including without limitation all content there available and this Agreement, may be changed at the sole discretion of Plickers and without notice. You are bound by such updates or changes, including but not limited to those affecting the Agreement, and so should periodically review this Agreement. When we change the Agreement in a material manner we update the “Updated” text at the top of this page.
Miscellaneous: These Terms and Conditions constitute the entire agreement between Plickers and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Plickers, or by the posting by Plickers of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; Plickers may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- All Plickers Pro users will be charged, in U.S. Dollars, the price listed at checkout, which may include taxes, fees, or shipping charges for any purchases. Users are solely responsible for any other taxes, fees, or other costs they may incur by making a purchase from our services.
- The Fees associated with each Membership type are defined in the Membership & Fees Page in our Help Center, which is incorporated as part of these Terms. For any Membership for which a Fee applies, the Membership will automatically renew each term unless you cancel before the renewal date.
- We may, in our discretion, make changes to the Memberships we offer, the privileges and features available with each Membership, or the Fees associated with each Membership, at any time. Plickers reserves the right to change its price list for certain services and institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you continue to use those services following such notification, that use constitutes your acceptance of any new or increased changes.