||Description of the Service and Requirements for Types of Users
||Annotate.net is a cloud-based software service that transforms virtually any computer or mobile device into a powerful tool that includes features for
presentation, screen sharing, voice conferencing, video streaming, annotation and administering assessments. It aims to improve instructor effectiveness and
student engagement by facilitating an untethered teaching experience, delivering formative assessments
with automated scoring of student responses, supporting a variety of multi-media content,
and promoting communication and collaboration both within and outside the classroom.
||The Service is intended for use by instructors such K-12 teachers, professors, corporate
trainers or other presenters (“Instructors”)
who wish to use the Service to use a range of tools with
students or participants in their course or program
(“Students”), or wish to share instructional materials with Students or others, or find and access instructional materials shared by others.
||Examples of tools include digital white board tools, quiz and polling tools, screen sharing, streaming and recording tools, content annotation and management tools, and discussion and collaboration tools. Tools are used within the group of registered users consisting of the Instructor and the Students admitted by the Instructor (“Course Members Group”). The Course Members Group is managed by the Instructor.
Instructor may be “Educator Instructor” or
An Educator Instructor account is only for use with K-12 or higher education institutions (“School”).
To register for an Educator account:
If you cease to be an active instructor at your School, you will notify us immediately and stop use of your
account registered with your School’s email.
- you must be an active instructor in a School, and hereby agree that you will use that account solely
for the School’s educational context;
- you must register with an email account issued by your School,
- if any of your Students could be under age 13, you hereby confirm that you are consenting on behalf
of the School to the Company’s collection, use, and disclosure of personal information collected from
the Children’s Online Privacy Protection Act and associated regulations
An Instructor that does not meet all requirements in this section
1.3 is a “Non-Educator”. A Non-Educator Instructor must not use the Service with students who are under age 13.
||The term “Users” includes Instructors, both Educators or Non-Educators, and Students,
and users who have not registered.
||Governmental entities or agencies with separate laws or regulations that may override these
before using the Service.
||Only an English language version of the Service is currently supported.
||Instructors must be at least 18 years old.
If you are not at least 18 years old, you may not register as an Instructor.
||Students in the United States must either:
be at least 13 years old, or
If you are under age 13 (a “Child Student”),
you must either (a) have a valid course code from your School, (b) register through a link provided by your School
(which will include the course code), or (c) be registered by your School . In some situations, Company may also allow
Child Students to be registered by their parent or legal guardian, or to register based on the Company’s receipt of the
verifiable consent of the parent or legal guardian of the Child Student.
||A School may register accounts to use the Services for one or more students.
If you are an Instructor and you register an account for any Child Student, you represent and warrant that you satisfy the requirements of an Educator Instructor (see section 1.3). Without limiting the foregoing, you further agree to be bound by these Terms on behalf of such Child Student.
Upon the request of the Company, you will provide the Company with evidence of consents received from Child Students’ parents or guardians.
You hereby agree to indemnify, defend and hold harmless the Company against any and all claims,
losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to
(a) your violation of any provision, representation or warranty this section; (b) the use of the
Services by the Child Student; (c) your failure to obtain legally sufficient parental or legal guardian consent;
or (d) your registration of the Child Student.
||Outside the US. If you are under the age of majority in your country of residence,
you must review this Agreement with your parent or guardian to make sure that you and your parent
or guardian understand and agree to it.
||Personal Information from Child Students.
Child Students, and how to notify us if you are a parent or guardian or teacher and believe
that your child has been registered as a User without your consent.
||Rules for Online Conduct; Acceptable Use; Community Guidelines
||You agree that you are responsible for your own use of the Service and for all Content and
Submissions (as such terms are defined below) that you provide to the Service.
and all applicable local, state, national and international laws, rules and regulations,
including copyright laws, any laws regarding the transmission of technical data exported
from your country of residence, and all United States export control laws.
||As a condition of your use of the Service, you agree that you will not use the Service in any
manner intended to damage, disable, overburden or impair any computer server or the network(s)
connected to any Company server or to interfere with any other party's use and enjoyment of the
Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to any Company server through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information stored on the Service,
its servers or associated computers through any means not intentionally made available through the
Service. You will not attempt to modify, adapt or hack the Service or modify another website so as
to falsely imply that it is associated with the Service, or the Company. You will not attempt to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service without the express written permission by the Company. You agree not to
scrape, or otherwise download in bulk, any content from the Service, including but not limited to
a list or directory of Users on the system, online Content, Submissions or User information.
||You are entirely responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account or password,
or any other breach of security. If your account is a single user account, you must not
knowingly allow others to use your account or password.
||The following items are strictly prohibited on the Service:
Content that defames, harasses or threatens others;
Content that discusses illegal activities with the intent to commit them;
Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
Profane, pornographic, obscene, indecent, offensive, inappropriate or unlawful content;
Advertising or any form of commercial solicitation, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation;
Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar
software that may damage the operation of another's computer or property;
Content that contains intentionally inaccurate information or that is posted with the intent of
||You agree not to misrepresent or attempt to misrepresent your identity while using the Service
(although you are welcome to use an anonymous username in the forums and to act in a manner that
keeps your identity concealed).
||If you violate these Rules of Conduct, your account may be suspended or terminated, and you may be subject to other consequences.
||Content, Notebooks, Clips, Licenses & Options
||“Content” consists of all information or materials submitted by
Users to the Service. By way of example, Content could include presentations, readings, quiz and poll
questions and responses, audio and video files, annotations and webcam comments added to other Content,
announcements, chats, Student submissions, audio captured in class discussions, etc.
Content may be held in “Notebooks” or “Clips”.
As between Company and you, all Content that you submit to the Service is owned by you.
||Notebook or Clip Designation as Public vs. Private
“Notebooks” or “Clips” containing
Content can be designated as publicly available or not, and licensed for reuse or not, based on the type of
account and User settings.
Student Accounts. Notebooks and Clips submitted by
Free Accounts of Non-Educator Instructor.
If you are a Non-Educator Instructor and have a free account, then each Notebook or Clip that you create,
including all Content in the Notebook or Clip, will be available to anyone who has access to the internet
(“Public Notebooks”/ “Public Clips”).
Public Notebooks or Clips can be viewed by anyone with access to the Internet,
can appear in response to database search queries, and will be available for others to access
and view online. Accordingly, you hereby do and shall grant to each User and to the public a worldwide,
non-exclusive, revocable license to access, view and publicly perform your Public Notebooks or Public Clips.
This license ends when you delete the presentation or your account is closed (either by you or by us),
except to the extent that the content has been shared with others and they have not deleted it.
Paid Accounts and Educator Instructor Accounts.
If you have an Educator Instructor account, or a paid account, you can choose to make individual Notebooks or
Clips private (“Private Notebooks”/ “Private Clips”).
New Notebooks or new Clips in these accounts are designated as Private Notebooks and Private Clips by default,
unless the Instructor chooses otherwise.
A Notebook or Clip designated as a Private Notebook or Private Clip, will not be available to the public by default.
Rather, it will be available to the Instructor, and as published by the Instructor. You hereby do and shall grant to
each person with whom you share a Private Notebook or Private Clip a worldwide, non-exclusive, revocable license to
access, view and publicly perform that Private Notebook or Private Clip. This license ends when you delete the presentation
or your account is closed (either by you or by us), except to the extent that the content has been shared with others and
they have not deleted it.
A Notebook or Clip designated as a Public Notebook or Public Clip, will be publicly available and will be governed by the
terms and licenses described above for Public Notebooks or Public Clips.
||Allowing Re-use or Not.
Depending on your account type, when sharing a Notebook or Clip (for example by creating a
Public Notebook, or sharing any Notebook by email), you may be able to choose whether or
not to “Allow Re-use” of that content. When you allow re-use of your Notebook or Clip, you
hereby do and shall grant to each User a worldwide, non-exclusive, revocable license to use, store,
reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display,
distribute and transmit your content. This license ends when you delete the presentation or your account
is closed (either by you or by us), except to the extent that the content has been shared with others and
they have not deleted it.
||Licenses to the Company for Content.
In order to provide the Service to you in accordance with these terms, we need certain licenses from you. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the Content so that it can be saved to our servers. We need to create derivative works and modify the Content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.
With respect to all Content, you hereby do and shall grant to the Company (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Content SOLELY FOR THE PURPOSE of providing the Service to you and to Students approved by you. This license ends when you delete your Private Notebook or Private Clip or your account is closed (either by you or by us), except (i) to the extent that your Private Notebook or Private Clip has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Private Notebook or Private Clip indefinitely for archival purposes.
With respect to each Public Notebook or Public Clip, you hereby do and shall further grant to the Company (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Content (1) for the purpose of providing you, and those with whom you have shared your presentations (including the public), with the Service; and (2) in connection with promotion and marketing of the Company products and services, including without limitation allowing third parties to search or index the Content, in connection with email promotions, product demonstrations, and the like, and (3) for any other purpose. This license ends when you delete your Public Notebook or Public Clip or your account is closed (either by you or by us), except (i) to the extent that your Public Notebook or Public Clip has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Public Notebook or Public Clip indefinitely for archival purposes.
||License to other Users to use Content.
With respect to all Content, you hereby grant to each User who has access to it as a member of the Group (whether as an Instructor or Student) or as a result of your sharing, a non-exclusive license to access and use your Content in connection with their use of the Service.
||Expiration and revocability of licenses.
The Company makes it easy for Users with qualified accounts to change a presentation’s public/private status, and “allow reuse” status at any time. However, uses made of your presentation or the underlying Content, whether by the Company or Users, are subject to the licenses that were in place at the time such use was originally made by the person or entity who originally made the use. For example, licensed uses of a Public Notebook or Public Clip, or Content that allows reuse, may continue to be made after such Content is designated a Private Notebook or Private Clip, by those Users who previously used the Content under the prior license.
||Responsibility for Content.
By providing Content to the Service, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the Content and to authorize the Company and Users to reproduce, modify, publish and otherwise use and distribute your Content in a manner consistent with the licenses granted by you herein, and (2) that neither your providing the Content nor the exercise of the licenses granted herein will infringe or violate the rights of any third party. You, and not the Company, are solely responsible for your Content and the consequences of posting or publishing them.
Terms of Service for Google can be found here:
Terms of Service for YouTube can be found here:
For avoidance of question, this section applies also to all Content that you share through the screen sharing features.
||Consent to Recording of Discussions.
You acknowledge and consent that using the Service, all or a portion of class discussions may be recorded if recording is activated from the Instructor’s device. It may not be possible to locate or delete a given individual’s voice in such a recording.
||Ownership of the Service; Software Included in the Service; Use of Third-Party Functionality
||Depending on your account type and desired functionality, certain software components, such as the Annotate Mirror Client, may need to be downloaded and installed on your computer. Such software may be automatically updated on your computer when a new version or feature is available.
||Upon logging in to the Annotate Mirror Client, the system checks your account privileges and loads certain software components into your computer’s memory for use while you are logged in, such as the AAC ELD software library for audio playback. Such software components may only be used on a single computer at a time, and accordingly will be automatically uninstalled when your session expires.
||Use of Third-Party Functionality.
Links to the terms of service or privacy policies for services included by Company are available here. Other terms may apply to services accessed through links or widgets included in content posted by other users.
||Account Types, Payment, Refunds, Upgrading and Downgrading Terms
||Information about the different types of user accounts, as well as their features and pricing, can be found here http://annotate.net/pricing.
||A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
||Fees will be charged to your credit card in accordance with the account type selected. We offer a short period to change your mind and request a refund as described at http://annotate.net/refund-policy . After that there will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
||All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.
||Any upgrade in plan level shall commence a new 12-month subscription. Your credit card will be charged at the time of upgrade for a full twelve-months but will be adjusted to subtract the fees already paid through a prior subscription for any overlapping periods with such prior subscription. For example, if a User subscribes for a twelve-month period starting January 1, and then upgrades to a higher tier plan as of July 1, then the July 1 payment shall be for the full year at the higher rate, minus the fees already paid for the six months from July 1 to December 31.
||For any downgrade in plan level, the new fees shall take effect at the next billing cycle.
||Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Company does not accept any liability for such loss.
||Cancellation and Termination
||You are solely responsible for properly canceling your account. You can “cancel” your account, or elect to “not renew”, at any time from your Account screen, available by clicking on the down arrow next to your name at the top of the screen. The Account screen provides a simple no questions asked cancellation link. An email or phone request to cancel your account is not considered cancellation.
||After cancellation or non-renewal, you will not be able to recover your Content. Information may be permanently lost if a school, instructor or User terminates a course or an account.
||If you elect to “not renew”, then your subscription will expire at the end of the then current billing cycle for which you have already paid, and you will not be charged again. If you elect to “cancel” the Service before the end of your current billing cycle, your cancellation will take effect immediately and you will not be charged again, and no refund will be issued.
||The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and termination of access to Content in your Account, and termination to all licenses granted by the Company hereunder. The Company reserves the right to refuse service to anyone for any reason at any time.
||DISCLAIMER OF WARRANTIES
||The Company does NOT
warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Service will be corrected.
||Company makes no guarantee that User information will be retained for any period.
||YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
The Company further expressly disclaims any and all liability in connection with or arising out of content that is proprietary to third parties.
||Exposure to Offensive Conduct or Content.
While the Company prohibits certain types of conduct and Content on the Service, you understand and agree that the Company cannot be responsible for the conduct of Users or the Content posted by Users, and that you may be exposed to conduct or Content which do not conform to the Company’s requirements. You agree to use the Service at your own risk.
||Links to Other Sites.
The Service may include hyperlinks to sites maintained or controlled by others. The Company is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
You expressly understand and agree that the company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from any matter relating to your use of the service. In any event, the Company’s total and maximum liability to you for any claim for damages in connection with the subject matter of this agreement shall be limited to direct damages not to exceed $100.
The Company shall have no liability with respect to any content being accessed through the use of the service, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, a security breach, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You acknowledge and agree that the disclaimers, exclusions and limitations set forth in this license constitute essential elements of this agreement and in the absence of those elements: (a) the terms in this agreement would be substantially different; and (b) Company's ability to offer and your ability to obtain the Service or any portion thereof under this agreement would be impaired.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, and there shall be no third-party beneficiaries to this agreement.
||Choice of Law and Forum.
||Class Action Waiver.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
||Waiver and Severability of Terms.
||Statute of Limitations.