By using the Learning Genie app and/or web service, you agree to the following terms. Make sure that you read and understand these terms before using Learning Genie.
* FERPA and COPPA Compliance
Certain Information provided to Learning Genie by directors, teachers, teacher aids, program coordinators, or other personnel (who has access to the Learning Genie program) at an Institution (“School Official”) that is directly related to a student and maintained by an Institution, may be considered an “Education Record” under the Family Educational Rights and Privacy Act (“FERPA”). Also, certain information, provided to Learning Genie by School Officials about a student, such as student name and age group, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. Subject to exceptions, a school or district cannot disclose personally identifiable information from a student’s education record to a third party provider without written consent from the parents. The exceptions include “Directory Information” exception or the FERPA’s School Official Exception.
As a School Official or Institution providing Directory Information or any Education Record to Learning Genie, you represent, warrant and covenant to Learning Genie, as applicable, that your institution has:
a)complied with the Directory Information exception, this includes informing parents what information the Institution deems to be directory information and giving parents a reasonable amount of time to “opt-out” of disclosure of directory information about students; and/or
b)complied with the FERPA School Official Exception, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Learning Genie; or
c)obtained all necessary parental written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Service.
Learning Genie Inc. will:
a)grant the Institution the Direct Control of the use and maintenance of Education Records under the Institution’s policy and uses the Education Records only for authorized purposes;
b)comply to the data retention, archival and destruction requirements set by the institution during and after the contract period;
c)support the access to the Education Records by parents when authorized by the school or district upon parents’ request to the school or district.
Learning Genie Inc. will never share Directory Information and Education Records with third parties except (i) as directed by a Learning Genie user (i.e. teacher sharing with another teacher or the child’s parent), or (ii) to our service providers that are necessary for us to provide the Service support to our customers. To view the Third Party Providers we currently use visit Third Party Services. Information collected is never used or disclosed for third-party advertising, or any kind of first- or third-party targeted marketing/advertising to parents. In addition, personal information collected is never sold or rented to any third party. This shall not be interpreted (1) to prohibit Learning Genie Inc. from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide personalized visit targeted advertising or (2) to limit the ability of Learning Genie Inc. to use student information or Educational Records for learning or customized learning product development and research purpose.
Learning Genie Inc. may use Education Records with de-identified information for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, the includes, but is not limited to, name of students and parent, date of birth, demographic information, location information, parent email and school identify. Learning Genie Inc. agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
We comply to FERPA under the“School Official” exception. Learning Genie aims to help schools and educators improve productivity in conducting teaching activities and provides a legitimate educational function. Student’s academic education data will be stored in our system according to the license and/or DOE regulations and will be destroyed after the required storage period. As Learning Genie services will only be used by adults, i.e., teachers, admins, and parents, COPPA regulations do not apply in this case.
* ABOUT THE SERVICE
“Users” of the Service include but are not limited to: school directors, teachers, and enrichment program instructors (who post “user Content” which includes but is not limited to: daily reports and portfolios, classroom activities, children’s work samples, photographs, reminders, updates on children’s daily routines, external links to books and songs, developmental assessments and observations) and the parents/guardians of the students in their classrooms. User experience will vary based on which version of the App is in use (there are two different Apps for two different types of users: Teachers/Instructors and Parents).
School directors, teachers, enrichment instructors, specialists, parents and guardians can all be Learning Genie users. Your experience will vary based on your role. Learning Genie enables these users to share daily reports, portfolios, photos, work samples, external links to books and songs, reminders and more.
* PREREQUISITE BEFORE YOU USE THE SERVICE
To start using this service, we require you to 1) agree on this Agreement, 2) create a user Account, and 3) have an Internet Service and/or a good coverage of WiFi signal that permits such devices to be connected to the Servers. As the Services may have changes over time, we reserve the right to modify these requirements at our sole discretion. By clicking the “I Agree” button, you consent that you meet all of these requirements.
In order you use Learning Genie, you must agree to these terms, create an account and be connected to the Internet.
On the Website or through the Application, we are posting fees towards certain or all the Services we offered. The fee structures will be specifically posted for certain Services on the Website or through the Application. In consideration for providing these Services, you agree to pay such fees which are due and owing on account of the selections you have made at the Website, within the Application. By checking the “I agree” box at the end of this Agreement, downloading the Application or otherwise using any Services, you hereby agree to pay all Fees due and owing to Learning Genie Inc according to the terms on the website (and, if applicable, authorize Learning Genie Inc to charge the credit card you have on file with Learning Genie Inc for all Fees due and owing hereunder).
Some aspects of the Learning Genie service require fees, and by agreeing to these terms, you agree to pay those fees.
If you are a user who signs up for the Service, will create a personalized account, which includes a unique email address and password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Users must create an account for which a password will need to be created. You are responsible for keeping your password a secret and letting us know if you suspect unauthorized use of your account.
* USER CONDUCT AND CONTENT RESTRICTIONS
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
(i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive, (ii) Infringe any copyright, trademark, patent, trade secret, or other proprietary right of any party (iii) Use the service for any unlawful purpose or for the promotion of illegal activities; (iv) Attempt to, or harass, abuse or harm another person or group; (v) Use another user’s account without permission; (vi) Provide false or inaccurate information when registering an account; (vii) Interfere or attempt to interfere with the proper functioning of the Service; (viii) Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (ix) Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or (x) Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
You agree that you will not use Learning Genie to post or share any inappropriate, inaccurate or infringing content. You also agree that you will only use your own account, and will not log into someone else’s account without their permission.
* TEACHERS AND INSTRUCTORS
When you—a teacher and/or instructor (defined as any other person assisting or instructing, including but not limited to: teachers’ assistants, specialists, enrichment class instructors) —create your own personalized account, you may be able to provide “User Content” (classroom daily reports, portfolio assessments, updates, reminders, photographs, external links including but not limited to books and songs). Taking photographs in some schools, centers are subject to specific photo policy and privacy policies. You agree that we are only acting as a passive conduit for your distribution your User Content. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
(i) You are solely responsible for your account and the activity that occurs while signed in to or while using your account; (ii) You will not post information that is malicious, false or inaccurate; (iii) You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and (iv) You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
If you have a Learning Genie Teacher account (any user that is not a parent), you have the ability to post and share content. You are responsible for all of the content that you share and agree that it will not be inappropriate, inaccurate or infringing on anyone’s rights.
You agree to use the “sharing features” of the Service (i.e. sharing photographs to Facebook) at your own risk. Any Personal Information that you willingly choose to share with another user through the Service or in a publicly accessible area will be available to other users who access that content. We cannot control how the recipient uses your Personal Information once you have made it available to other users. Please note that you are additionally required to follow the guidelines of your child’s school when it comes to privacy and are forbidden from publicly sharing photographs that contain any child who is not your own, without the consent of that child’s parent.
The Learning Genie Parent app allows parents to share photos and other content from reports with others in the public. If you are a parent, you agree that you will abide by your school’s rules when it comes to privacy, which means that you will not publicly share a photo of another child without consent from that child’s parent.
* INTELLECTUAL PROPERTY RIGHTS
The Services, the Website, the Application are copyrighted works or otherwise protected works owned by Learning Genie Inc. All right, title and interest, including all copyrights, in and to such items (including but not limited to any photographs, images, animations, video, audio, music, text, and functionality), any accompanying printed materials, and any copies of all or any portion of the source code contained in the Website or the Application, are owned by us. We reserve all rights that are not expressly granted to you under this Agreement.
Learning Genie owns all of the rights to our app, website and web services. Anything that isn’t granted to you in this agreement officially belongs to us.
* USER SUBMISSIONS
Information or content that you post to the Service (“User Submissions”) may be used by the Company in connection with the Services and may be visible to other users. When you post User Submissions, you (without obligation) grant the Company and each user of the Services a right and license that is transferrable, non-exclusive, worldwide and royalty free. This gives us permission to reproduce, distribute, publicly display and modify such User Submissions. Note that these Submissions also include all related intellectual property rights. Further, you also understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. We will only do so, and will only allow others to do so as reasonably necessary to provide the Services to you and others.
The Company is not liable for any errors or omissions in any content, as all content or information posted through the Service is the sole responsibility of the person from whom it originated. We cannot guarantee the authenticity of any data provided by other users or the identity of any user you may interact with. You understand that you use the Service and access Content at your own risk, which means that you are responsible for any resulting damage or loss.
We reserve the right to remove User Submissions from the Service at any time for any reason (including but not limited to infringement on third party intellectual property rights) and we do not guarantee that we will publish all Submissions.
Learning Genie is, under no circumstances, liable in any way for Content, any mistakes or oversights in Content, any loss or damage acquired via use of or exposure to Content posted, emailed, retrieved, transmitted or otherwise made accessable through the Services.
We encourage our users to provide feedback, opinions and concerns to us regarding the Services and Website (collectively referred to as “Feedback”), which may include but is not limited to bug reports, functionality and suggestions for improvement. You understand and agree that all Feedback is owned by us, including all copyrights, title and interest.
We have the right to manage anything that you post through the Learning Genie service. Though this is rare, the only times we will need to remove, share, modify (etc.) any content will be for the benefit of you and others.
* THIRD PARTY SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Once you access a link or reference to a third party through our service, any information you provide is subject to their privacy policies. Make sure you understand their policies before sharing any information.
* USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support@learning-genie.
Opting out may prevent you from receiving messages regarding the Company or special offers.
Note that communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
We may use the email address you provide to contact you about Learning Genie. You may opt out of Learning Genie emails, but that may prevent you from receiving some important information.
* WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Learning Genie program does not come with a warranty.
* LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If there is any loss or damage experienced through the use of Learning Genie, you are responsible.
We might make some changes to these terms from time to time, but we will always let you know if we do, and give you the chance to opt out.
* GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.