1. Your Acceptance
- The ActivityCircle website, ActivityCircle apps and ActivityCircle software are owned by Frolyc, Inc., a California company. Any reference herein to “Frolyc” as a legal entity shall be deemed to refer to Frolyc, Inc.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Frolyc may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Frolyc, including but not limited to all software offered via the ActivityCircle website or Apple Inc.’s App Store, such as the Frolyc applications which allow Content to be accessed by children/students using mobile devices (the “Frolyc Apps”).
2. ActivityCircle By Frolyc Accounts
- In order to access the Service, you will need to create an ActivityCircle account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ActivityCircle immediately of any breach of security or unauthorized use of your account.
- ActivityCircle will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat copyright infringer.
- ActivityCircle reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. ActivityCircle may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
- ActivityCircle supports 2 types of user accounts - Free & Premium. With a Free account, you access most features on ActivityCircle platform for free. ActivityCircle also offers a set of features that are available for a fee. These features are called premium features and users can upgrade their Free account to a Premium account to access these premium features.
- You may upgrade your Free account to a Premium account at any time.To upgrade to a Premium account, you pay a one-time, non-recurring fee. This will give you access to premium features for 1 year from the date of upgrade. You may choose to extend your access to premium services at any time by paying another one-time fee. ActivityCircle does not automatically extend your access to premium services when your premium account validity period expires. Upgrade to premium service is final and non-refundable.
3. Use of the ActivityCircle Apps
- The ActivityCircle Apps and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Frolyc, Inc.
- The ActivityCircle Apps are provided to you AS IS, meaning Frolyc does not guarantee that the ActivityCircle Apps will be free of defects or that the hosting services necessary for the Apps to function will be available continuously.
- The version of the ActivityCircle Apps software may be upgraded from time to time to add support for new functions and services.
- Frolyc may terminate use of the ActivityCircle Apps at any time by giving notice of termination to you.
4. Your Content and Conduct
- As an ActivityCircle account holder you may submit educational Content to the Service by using the tools provided on this website to create content. For any Content you create you may specify children/students that will be able to access that Content with the ActivityCircle Apps. You may also elect to share your Content with other ActivityCircle account holders. The account holder with whom you share your Content will be able to make your Content available to children/students of their choice, and monitor and review all interactions and responses from those users to your Content.
- For each child/student you share your Content with you represent to ActivityCircle that you are either the parent of such child/student or authorized educator of child/student with all necessary permission to track such child/student’s performance using the ActivityCircle Apps.
- By submitting Content to ActivityCircle, you grant a perpetual, irrevocable (except as provided herein), non-exclusive, worldwide, royalty-free license to: (1) ActivityCircle to store, distribute, publish and otherwise use your Content as reasonably necessary to make your Content available through the Service, (2) Each user of the ActivityCircle Apps authorized by you to access your Content through the ActivityCircle Apps, (3) Each ActivityCircle account holder with whom you elect to share your Content to designate children/students who can access your Content using the ActivityCircle Apps, and (4) Each ActivityCircle account holder to whom you sell the right to use your Content on the ActivityCircle marketplace.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Frolyc all of the license rights granted herein. Frolyc does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Frolyc will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Frolyc reserves the right to remove Content without prior notice.
- You further agree that you will not submit to the Service any Content or other material that is inappropriate for children under 13, including, but not limited to, material containing: offensive language; intense cartoon, fantasy or realistic violence; mature, horror, or suggestive themes; sexual content, nudity, alcohol, tobacco, and drugs; or content that is otherwise contrary to applicable local, national, and international laws and regulations.
- If you terminate your account, your Content will continue to be available to children/students authorized by you, and for continued use by account holders with whom you shared Content or sold Content to, and any children/students authorized by them.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content shared with you by other ActivityCircle account holders or Content purchased from ActivityCircle.
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Frolyc, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for use solely for distribution to children/students using the ActivityCircle Apps and receiving responses from those children/students. You shall not copy, reproduce, distribute, transmit, modify, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Frolyc.
- You understand that when using Content from other account holders, Frolyc is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate or objectionable.
6. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Frolyc’s designated Copyright Agent to receive notifications of claimed infringement is Ms. Bala/121 Beverly Drive, San Carlos, CA email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 6(D), your DMCA notice may not be valid.
- ActivityCircle acts as a venue to allow you to sell the right to use your original teaching Content to other ActivityCircle account holders, or purchase the right to use another account holder’s Content, if such Content is for sale (the “ActivityCircle Marketplace”). Frolyc is not directly involved in the transaction between the buyers and the sellers of Content. As a result, Frolyc has no control over the quality, safety, morality or legality of any the Content listed for sale, the truth or accuracy of the listings, the ability of sellers to sell the Content or the ability of buyers to pay for Content. Frolyc does not prescreen users or the Content or information provided by users.
- You are a Seller when you list Content for sale in the ActivityCircle Marketplace. By listing use of your Content for sale, you assume full responsibility for the Content, and accept the following listing conditions: you are solely responsible for setting the prices for the sale of your Content. You warrant that you and all aspects of the Content comply with Frolyc’s published policies and that you may legally sell the Content. You must accurately describe Content. All Content must be listed in an appropriate category with appropriate tags.
- You agree to pay Frolyc a fee of thirty percent 30% of the selling price for each sale of Content, prior to deduction of any other transaction fees. The fees charged by Frolyc are subject to change at any time. Changes to fees for use of the ActivityCircle Marketplace are effective after Frolyc provides you with at least fourteen (14) days' notice by posting the changes on the its website or via the ActivityCircle Apps. Frolyc may, at Frolyc’s sole discretion, change some or all of the ActivityCircle Marketplace services at any time. In the event Frolyc introduces a new service, the fees for that service are effective at the launch of the service.
- To sell Content on the ActivityCircle Marketplace, you must have a valid Stripe payment account. You will set this up when you register as a Seller on ActivityCircle. Stripe (stripe.com) is our partner for online payments processing. Stripe will collect payment for your Content from Buyers in the ActivityCircle Marketplace and credit your Stripe account. Stripe will deduct its applicable transaction fees from the amount received by you for any sale of Content. You are responsible for paying all fees and applicable taxes associated with your income from ActivityCircle Marketplace. Stripe keeps accepted payment information on file. Frolyc is not responsible or liable for your interactions with Stripe. Any issues with your payment account or payments made through Stripe must be resolved directly with Stripe.
- As a seller of Content in the ActivityCircle Marketplace, you agree to provide access to Content you create to all premium users of ActivityCircle. This access is unconstrained and is made available without individual purchases of Content by Buyer and thus not subject to the per sale transaction fee outlined above. ActivityCircle will track usage of premium Content by premium users to determine a Content usage fee payable to you. This payment will be made to your Stripe account periodically, once you accumulate a minimum balance of $20 USD.
- You are a Buyer when you purchase a specified number of assignments of Content in ActivityCircle’s activity catalog. With such a purchase, you will have the ability to assign the Content to a specified number of students. The maximum number of students you may assign the Content to, is specified at the time of purchase. To purchase, you must submit your credit or debit card information for payment through Stripe. ActivityCircle does not store any of your banking or credit/debit card information.
- As a Buyer, your access to purchased Content may be disabled if the Content is removed from the Service, for example, as a result of the Content being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification, or if your account or the Services are terminated. Your purchased Content may be temporarily unavailable due to interruptions in the Service. You agree not to repost your purchased Content on ActivityCircle or on the Internet in any format. All purchases of Content using the ActivityCircle Marketplace are final and non-refundable.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FROLYC ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
9. Limitation of Liability
IN NO EVENT SHALL FROLYC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Frolyc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as this website is not intended for children under 13. If you are under 13 years of age, then please use the Frolyc Apps but do not use this website which is intended for parents and educators.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Frolyc without restriction.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Frolyc, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Folyc that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by Frolyc on the Service, shall constitute the entire agreement between you and Frolyc concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Frolyc's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Frolyc reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Date Updated: October 10, 2015