TERMS OF SERVICE

Welcome to PrepToon, and related services (collectively, the “Service”). These Terms of Use govern your use of the Service on our Web site at https://www.preptoon.com/ as well as any mobile sites, mobile applications, and other internet points of presence that we make available to you as part of the Service (collectively, the “Site”). “Service,” as used in these Terms of Use, means the Web-based services we make available to users.

By using the Service, you accept these Terms of Use. If you do not agree with any of these Terms of Use, you may not use the Service. As used in these Terms of Use, “we,” “us” or “our” means PrepToon.

  1. MODIFICATIONS. We reserve the right to modify these Terms of Use by posting an updated version on our Web site from time to time.

  1. PRIVACY. Your use of the Service, and our use of any personal information and content you submit to the Service, is governed by our Privacy Policy. The Privacy Policy also governs our collection and use of email addresses and names from users. We encourage you to review our Privacy Policy to familiarize yourself with our privacy practices.

  1. USING PREPTOON.  You should use PrepToon videos and materials for as long as you have an active license. Free trial licenses and paid license are both active licenses till they expire. You may use PrepToon in your classroom for non-commercial purposes. You may not use, distribute, resell, sublicense, or assign your right to access or use PrepToon content to any third party or as part of any commercial product or service without our explicit written permission. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.

  1. FEES. Currently, we make PrepToon available for free for a certain time period. Subscriptions are for a pre-paid 12-month subscription term. Annual accounts are paid upfront. Once you have submitted payment for an annual account, you may not pause or cancel the subscription. Refunds for annual accounts will not be issued. The license expiration date will be one year from the payment submission date. Your subscription will automatically renew at the end of each subscription term for another 12-month term. If you renew an annual account the renewal term begins immediately following the expiration of the current term. You may renew up to one year before your current expiration date. You agree that we may automatically renew your subscription and charge your account on the one-year anniversary of your last subscription date (the “Renewal Date”), unless you cancel your auto-renewal before the Renewal Date. 

  1. YOUR OBLIGATIONS WHEN USING THE SERVICE. You agree not to:

falsify your identify in regards to your role or occupation as a Student or Teacher or Parent or Homeschooler;

“frame,” distribute, resell, or (except as expressly allowed in these Terms of Use) permit access to the Service by any third party;

use any robot, spider, data gathering, scraping or extraction tool or similar mechanism to access or attempt to view or obtain data from our Service;

include anything in Your Content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third parties, including their rights of privacy and publicity;

include in Your Content any material that is obscene, illegal, threatening, or defamatory, or that contains software viruses, commercial solicitations, political campaigning, or any other form of “spam”;

interfere or attempt to interfere with the Service or any other user’s access to the site;

reverse engineer, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of the Service (including any feature, widget or application made available through the Service);

use resources through the Service from users who have not consented to share such resources;

use the service in violation of any applicable law; or

violate any agreement with your wireless service provider in connection with using the Service.

  1. OUR INTELLECTUAL PROPERTY RIGHTS.

All videos, worksheets, text, graphics, logos, icons, and other content on the Service is the property of PrepToon, LLC and protected by United States and international copyright laws. The technology we use to provide the Service, including without limitation software code or executables that we may make available to you in connection with using the Service, is exclusive property.

  1. LINKS TO THIRD PARTY SITES. PrepToon may integrate with or provide links to certain third party Internet sites and services (for example, Facebook, Twitter and other sites) (collectively, such third parties, "Partners"). The Partner services made available through the PrepToon or the integration of such sites and services with PrepToon are for your convenience only and do not signify the endorsement by PrepToon of such Partner sites or services. We do not evaluate, and we are not responsible for, the content of any such third party Web sites. Your use of any such third party Web site you visit is governed by the Terms of Use and privacy policies of such third party Web site, not by these Terms of Use.

  1. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTY.
    1. DISCLAIMER. The Website and Services are provided "AS IS" without warranties, conditions or representations of any kind, and PrepToon expressly disclaims, to the fullest extent permitted by applicable law, any warranty or condition, express or implied, statutory or otherwise, whether arising from trade or course of dealing, including, without limitation, any warranty or condition that the Website and Services (i) shall correspond with a particular description, (ii) are of merchantable quality, (iii) are fit for Your particular purpose, (iv) are durable for a reasonable period of time, (v) do not and will not infringe any patent, trade-mark, trade-secret or other intellectual property or other proprietary rights of any third party, (vi) are bug or error free, or (vii) are accessible through all devices. You acknowledge that entry, conversion and storage of data is subject to human and machine error and PrepToon is not responsible for such errors. PrepToon is not responsible for third-party hardware or software, or for cell, Wi-Fi or other service providers. PrepToon does not warrant that the Website will be compatible with all platforms, which may now or in the future be used.

  1. ALLOCATION OF RISK. PrepToon shall not be liable for any monetary damages whatsoever with respect to Your use of the Website and Services hereunder (or use by Your Authorized Users), nor shall PrepToon be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of this Agreement, even if PrepToon is advised of the possibility of such damages. The entire risk as to the results and performance of the Website and Services is assumed by You and You agree to implement and adopt reasonable measures to examine and confirm results prior to use, to save data, and limit exposure to errors and failures in data.

  1. LIMITATION OF LIABILITY. The total liability of PrepToon, whether under the express or implied terms of this Agreement, in tort (including negligence or other duty of care) or at common law, for any loss or damage including but not limited to any data loss or corruption, suffered by You or any Authorized Users or third parties, whether direct, indirect or special, or any other similar damage that may arise or does arise from use of the Website and Services or any breach of this Agreement by PrepToon, shall in no event exceed the amount paid by You to PrepToon for the Services. These limitations of liability shall survive failure of any exclusive remedies provided in the agreement.

  1. INDEMNITY. You indemnify, hold harmless and defend PrepToon against any and all third-party claims (including all associated legal fees and disbursements actually incurred) against PrepToon arising out of a breach by you of the obligations under this Agreement, or the use or misuse of the Website or Services by You (or Your Authorized Users).

  1. TERMINATION AND SUSPENSION. Without limiting other remedies, PrepToon may terminate or suspend your PrepToon account or suspend your access to all or part of the PrepToon website without notice if PrepToon determines, in its sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that PrepToon believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of PrepToon, any other PrepToon user, or any third party. You may discontinue your participation in and access to PrepToon at any time.

  1. GOVERNING LAW; DISPUTES. These Terms of Use are governed by the laws of the State of California, without regard to its conflict of laws rules. The exclusive venue for any action or dispute arising out of these Terms of Use will be the state and federal courts located in California, and you hereby submit to the personal jurisdiction of those courts.

  1. EXECUTION OF AGREEMENT. Your continued use of PrepToon constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

PRIVACY POLICY

This Privacy Policy describes our privacy practices for PrepToon, and related services (collectively, the “Service”). Our Service allows users to organize and present knowledge. By using or accessing our Service and Site, you agree to this Privacy Policy and our Terms of Service. If you have questions about our privacy practices, please contact us at info@preptoon.com

  1. SCOPE OF THIS PRIVACY POLICY. This Privacy Policy covers our collection and use of information when you use our Service and Site. It does not cover third party Web sites or applications to which we provide links from our Service.

  1. INFORMATION WE COLLECT FROM USERS. In order to use the Service, users must submit their name and email to the Service. This is the only personally identifiable information we collect from users (including students). The Service provides users with one place to organize and present their knowledge and content. Students may sign up either by going to the site or by a teacher adding them to a class. We use the names and email address of students only to provide the Service, and do not disclose them to anyone other than a student’s own teacher except under the circumstances described in Section 5 below.

  1. INFORMATION WE COLLECT FROM USERS.

Personal Information You Provide at Registration. If you register for an account on our Service, we ask for your name and email address.

Information We Collect When You Use Our Service. We receive and store certain types of information whenever you interact with our Service. We keep track of your “clicks” and pages you view on our Site. We use “cookies” and obtain certain types of information when your Web browser accesses the Site, such as the Internet Protocol (IP) address of your computer, information about your browser software and operating system, and the date and time you access our site. “Cookies” are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and provide certain features on our Site. The “Help” feature in most Web browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable some cookies altogether. Keep in mind that disabling cookies may result in some features of the Service not working properly.

  1. HOW WE USE THE INFORMATION WE COLLECT.

To Provide, Manage and Improve the Services. We use the personal information we collect from users to make the Service and its features available, and to improve and add features to the Service. We may also use this information to customize certain Service features for teachers.

To Contact Users and Respond to Emails. We may also use contact information to provide teachers with announcements related to our services. If you email us, we may use your email addresses to respond.

  1. HOW WE SHARE PERSONAL INFORMATION. We do not share any personal information submitted to the Service by users with any third parties, except under the following limited circumstances:

Third Party Service Providers. We rely on some third party service providers to assist us in operating the Service. For example, we may use third parties to host our Site or send messages. We provide personal information to these third party service providers in order to help us operates the Service, but we put in place contractual and/or technical protections that prohibit them from using that information, or it to any third party, except as necessary in operating the Service.

Business Transfers. If we (or our assets) are acquired by another company, personal information you submit to the Service would likely be among the assets transferred to the acquirer. In the event of such an acquisition, the Privacy Policy in force at the time would continue to apply your information.

To Protect Us and Others from Liability or Harm. We release message content and personal information if we believe we must do so to comply with the law, to enforce our Terms of Use, or to protect the safety and rights of us or our users. This does not include selling, renting, sharing or disclosing your information or content for commercial purposes.

With Your Consent. We may also share your personal information or content with third parties if you give us your consent to do so.

  1. HOW TO VIEW AND EDIT YOUR INFORMATION; ACCOUNT DELETION

Account Deletion. If you wish to delete your account or contact information from the Service, please email us at info@preptoon.com requesting deletion.

  1. MESSAGE CONTENT. We do not monitor, review or exercise any control over the resources used when using the Service (though we reserve the right to block resources that we reasonably believe may subject us or our users to liability). Accordingly, personal information included in the content of resources used on the Service is not governed by this Privacy Policy. We encourage you to avoid including personally identifiable information about yourself or others in resources that will be shared or made public, and we encourage teachers to talk with their students about not including sensitive personal information in any resources used on the Service.

  1. SECURITY. We take precautions to maintain the security and integrity of personal information you submit to the Service, including storage of your profile and personal information on a secure server behind a firewall.

  1. MODIFICATIONS TO THIS PRIVACY POLICY. We may modify this Privacy Policy at any time. If you maintain an account for the Service, we will notify you, at the email address you provide to us when you register for an account, of any material modifications to this Privacy Statement.

  1. HOW TO CONTACT US. If you have any questions about our privacy practices, please contact us at info@preptoon.com