Terms of Service

Last modified: December 3, 2015

These terms (“Terms”) govern your access to and use of Grokcraft’ services, including our website, email notifications, applications, buttons, and widgets (the “Services” or “Grokcraft”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). These Terms of Service are intended to be reviewed in connection with our Privacy Policy and Copyright Complaints and Counter-Notice Policy.

Please read these Terms carefully. You can review this agreement any time at http://www.grokcraft.com/terms-of-service/ . Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not wish to agree to these Terms, please do not use Grokcraft.

You are responsible for you and your child’s use of the Services for any Content you provide. Parents should monitor their children’s use of Grokcraft and information they post to public forums. All references in these Terms of Service to “you” are intended to include both you and your child, unless the specific application suggests otherwise. These Terms of Service apply to visiting professionals and educators as well.

The Terms may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Services by you will constitute your acceptance of any changes or revisions to the Terms.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Services, may result in suspension or termination of your access to the Services without notice.

Privacy

Any information you provide to Grokcraft is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of this information as set forth in the Privacy Policy. Please review those terms and conditions, as well.

Protect Your Password

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Grokcraft is not responsible for any loss or damage arising from your failure to comply with the above.

Content

All Content on Grokcraft, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Any of the material included in the Services may be out of date at any given time, and we are under no obligation to update such material. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will Grokcraft be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

All Content on Grokcraft by Grokcraft staff and members is for the purpose of education, in particular social emotional learning, or SEL. By agreeing to these Terms you acknowledge that Grokcraft is an educational milieu, not a therapeutic one.

Your rights

All Content submitted, posted or displayed by users through the Services will be considered non-confidential and non-proprietary. By submitting, posting or displaying Content through the Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Grokcraft to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Grokcraft for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Grokcraft, or other companies, organizations or individuals who partner with Grokcraft, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for you and your child’s use of the Services for any Content you provide, including its legality, reliability, accuracy and appropriateness, and for any consequences thereof, including the use of your Content by other users. Parents should closely monitor their children’s use of Grokcraft and information they post to public forums. You represent and warrant that:

You own or control all rights in and to the Content you provide and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of the Content you provide will comply with these Terms of Service.
You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Grokcraft will not be responsible or liable for any use of your Content by Grokcraft in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Your license to use Grokcraft

Grokcraft gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Grokcraft as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Grokcraft, in the manner permitted by these Terms. If you violate these Terms, this license may be terminated.

Grokcraft’ intellectual property rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Grokcraft and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Grokcraft name or any of the Grokcraft trademarks, logos, domain names, and other distinctive brand features. These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify or create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained in the Services. Any feedback, comments, or suggestions you may provide regarding Grokcraft, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Grokcraft respects the intellectual property of others. If you believe that your work is accessible on Grokcraft in a way that constitutes copyright infringement, or that Grokcraft contains links or other references to another online location that contains material or activity that infringes your copyright rights, please see our Copyright Complaints and Counter-Notices Policy grokcraft.com/copyrightpolicy/.

Restrictions on content and use of Grokcraft

You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any of its interactive features, is governed by our Privacy Policy grokcraft.com/privacy/, and you consent to all actions we take with respect to your information consistent with such policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Please review the User Content and Conduct (described later in these Terms) to better understand what conduct is prohibited on Grokcraft. We reserve the right at all times (but do not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information we believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Grokcraft, its users and the public.

Monitoring

We strive to provide an enjoyable online experience for our users, so counselors may monitor activity on Grokcraft to foster compliance with these Terms. All users of the Services hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Services, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with these Terms.

Comments by Others Are Not Endorsed by Grokcraft

Grokcraft does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Grokcraft or its third-party service providers. You agree that Grokcraft and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, or material that violates these Terms.

Editing and Deletions

Grokcraft reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Services or its bulletin boards, in its sole discretion, without notice, including the removal of any infringing marks submitted, posted or displayed by users.

Additional Rules

Grokcraft reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services. Such additional rules will be posted in the relevant parts of the Services. Your continued use of the Services constitutes your agreement to comply with these additional rules.

Refund Policy

You are entitled to a full refund of your month’s subscription by notifying Grokcraft no later than 48 hours prior to the start time of the next billing cycle. Refunds will not be granted should you choose to cancel your subscription after the applicable deadline set forth in the preceding sentence or cancel your membership during the course of its term except for verified medical and other emergencies, which will be determined in the sole discretion of Grokcraft. A refund will not be granted if your child is banned from the server due to a breach of this Terms of Service or if you request deletion of your child’s account per our Privacy Policy http://grokcraft.com/privacy/ .

If you have further questions on our Refund Policy, please feel free to contact us using the information set forth in “Contact Us” below.

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Grokcraft and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Grokcraft Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Grokcraft is available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Grokcraft ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Grokcraft Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Grokcraft Entities or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Grokcraft Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Grokcraft Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GROKCRAFT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; INCLUDING ANY LINKED WEBSITES, OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GROKCRAFT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GROKCRAFT, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GROKCRAFT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify Grokcraft and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Services, or from your breach of these Terms, or from any such acts through your use of the Services.

User Content and Conduct

Content Standards

These content standards apply to any and all User Content and use of interactive services incorporated into Grokcraft. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

Include any personal information of the user, including but not limited to the user’s:
first and last name;
home or other physical address that includes street name and city or town name;
online contact information such as email address or screen name or user name that functions as online contact information;
telephone number;
social security number;
persistent identifier that can be used to identify such user over time across different websites or other online services including, for example, a customer number stored in a cookie or an IP address;
photograph, video or audio files containing such user’s image or voice; and
geolocation information.
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this User Content and Conduct Policy and the Terms of Service. You agree not to use the Services, and to prohibit your child from using the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with this Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Grokcraft, a Grokcraft employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Grokcraft or users of the Services or expose them to liability.
Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

General Terms

Waiver and severability

The failure of Grokcraft to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Termination or limitation of access to Grokcraft

Grokcraft has the right to terminate and/or suspend your ability to access the Services or any portion thereof, for any or no reason, without notice.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire site, to users, including registered users.

Jurisdiction

Grokcraft makes no representation that materials on the Services are appropriate, available or legal in any particular location. Those who choose to access Grokcraft do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Massachusetts applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

Entire agreement

These Terms, our Privacy Policy, our Copyright Complaints and Counter-Notice Policy and our User Content and Conduct Policy are the entire and exclusive agreement between Grokcraft and you regarding the Services (excluding any services for which you have a separate agreement with Grokcraft that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Grokcraft and you regarding the Services. Other than members of the group of companies of which Grokcraft is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at http://grokcraft.com/terms-of-service/. If the revision, in our sole discretion, is material we will notify you via an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.