Updated March 9, 2022
SECTION 1 - GENERAL
SECTION 2 - GRANT OF RIGHTS
Public Website Visitors As a General-Audience Pages visitor, you are granted the right to access all areas of the Website other than the password-protected areas (“Permitted Visitor Areas”). You may access and view Permitted Visitor Areas for your personal and non-commercial use for educational purposes only, and you may not modify, copy, distribute, or otherwise use the content available in these Permitted Visitor Areas.
Authorized Users. If you are either (i) a student, (ii) a teacher, or (iii) an administrator identified to us by a participating Educational Institution or you are the parent of an identified student you are an “Authorized User” and may use the Services procured under the Subscriber Agreement applicable to your account. Teacher and administrator Authorized Users are eligible for a user id and password to access the password-protected areas of our Website to support their use of the Services. These rights are strictly limited to your personal, educational, and non-commercial use of the Website, Services, and content in connection with your schoolwork, if you are a student, or the assignment of schoolwork or monitoring of an associated student’s progress if you are a parent, teacher, or administrator.
Please keep in mind that we prohibit the circulation of our content and Services to Users who do not have a password and will treat anyone who uses your user id and password as “you.” We will provide this User with all of the rights and privileges that we provide to you. Therefore, we recommend that user id and password only be shared with other Authorized Users under the same Subscription Agreement and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services and your use of our Website or other Unruly Technology. We also recommend that you notify us immediately if you suspect that someone outside of your Authorized User group is using your user id and password in this manner.
We reserve the right to refuse service to anyone at any time for any reason within our discretion.
SECTION 3 - RESTRICTIONS ON USE OF WEBSITE AND UNRULY TECHNOLOGY
You may not use our Website or Unruly Technology for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You shall only use our Website and Unruly Technology for your own personal and non-commercial use.
You agree not to use our Website (Including the Teachers’ Forum and/or Chatbot features) or Unruly Technology:
Display of User Content through our Services does not constitute our approval or endorsement thereof. We reserve the right to remove any content that we deem in our sole discretion to be illegal, offensive, or inappropriate (including but not limited to images for which we question the provenance or legal permissibility of posting.) Users are solely responsible for the content they post and we reserve the right to take action against the User submitting such User content, including, but not limited to, suspending any or all use of our Services, in any way or manner, terminating such User's account, and or referring the matter to appropriate authorities, including law enforcement.
Additionally, you agree not to:
SECTION 4 - ACCURACY, AND UPDATES
The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Occasionally there may be information on our Website or in the content provided through our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on our Website or on content available through our Services is inaccurate at any time without prior notice.
We reserve the right to modify the content of our Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 5 - MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue any functionality available through our Services without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any portion of our Services.
SECTION 6 - INTELLECTUAL PROPERTY
All content on our Website or provided through our Services, such as text, graphics, logos, button icons, images, audio clips, video, and software code is the property of Unruly, or its content suppliers and protected by U.S. and international copyright laws. All trademarks, logos, service marks, and trade names on our Website or through our Services are proprietary to Unruly, or their respective owners that have granted us the right and license to use such intellectual property on our Website or through our Services. The reproduction, modification, distribution, transmission, republication, display, or performance, of the content of our Website or through our Services is strictly prohibited.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Website may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – CHATBOT, USER FEEDBACK, AND OTHER SUBMISSIONS
Our Website has a “Chatbot” feature that is intended for adults to ask questions about the Services or to arrange for meetings regarding a Subscription Agreement. THE CHATBOT IS NOT FOR USE BY INDIVIDUALS UNDER THE AGE OF EIGHTEEN. Student Users should not ask questions or make any other use of the Chatbot feature. If we become aware or suspect a User is not an adult, we will immediately end the conversation.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Feedback'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or our Unruly Technology. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 10 TALKING ABOUT UNRULY SPLATS
We hope you and your students enjoy using Unruly Splats and are learning a lot in the process. If you’d like to “spread the word” on social media (Twitter, Instagram, Facebook, TikTok, Pinterest), feel free to do so and use the tag #UnrulySplats if you like. However, please remember that you should not include in those posts any images, names, or other Personal Information, of individuals, particularly students, for whom you do not have the proper legal permission to do so.
SECTION 11 - PERSONAL INFORMATION
We value your privacy and the privacy of all our Users.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Unruly does not promise that the Website will be error-free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on it. The Website, the other Unruly Technology, and all Services and content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Unruly does not warrant or represent that files you download from the Unruly sites will be free of viruses or other harmful features. UNRULY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES OR LINKED SITES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL UNRULY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. IN NO EVENT SHALL UNRULY’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, THE SERVICES, OR THE CONTENT EXCEED THE GREATER OF: (I) $250.00 OR (II) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO UNRULY FOR ACCESSING THE WEBSITE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
SECTION 14 - SEVERABILITY
SECTION 15 – TERMINATION, REVOCATION, OR SUSPENSION OF USE PRIVILEGES
Authorized Users’ access to Services will automatically end upon termination of the Customer Subscription Agreement under which they received such access.
We reserve the right at any time to terminate or suspend your access to some or all of the Services or the Website if you engage in an activity that we conclude, in our discretion, breaches our Code of Conduct.
Finally, Authorized Users should be aware that their access may be suspended or terminated due to the suspension or termination of the access of the Customer (usually an Educational Institution) for their Subscription Agreement.
SECTION 17 - GOVERNING LAW
SECTION 19 - CONTACT INFORMATION