Thank you for your interest in Educreations. Educreations is an online learning platform that enables educators to quickly and easily create whiteboard-style video tutorials that students can watch anytime, from anywhere. Please continue reading the following Terms of Use ("Terms") to learn about the rules and restrictions that govern your use of our services, including our various websites, products, and applications (collectively, the "Service").
By creating an account on Educreations, or otherwise using or accessing our Service, you acknowledge that you have read and agree to be subject to the terms in this document, as well as our Privacy Policy and any other posted guidelines, policies, or rules applicable to specific features of the Service, which may be posted from time to time (collectively the "Guidelines"). These Terms of Use, including any other Guidelines (collectively, the "Agreement"), govern your use of the Service and are a legal contract between you and Educreations, Inc. ("Educreations," "Company," "we," or "us"). If there is any inconsistency between these Terms and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. If you are using the Service on behalf of an institution that has a separate written agreement with Educreations, and there is any inconsistency between that agreement and these Terms, that agreement shall prevail to the extent of the inconsistency.
As long as you are complying with all of the terms and conditions of this Agreement, Educreations gives you permission to access and use the Service for your own personal, non-commercial use and educational purposes (meaning you may not leverage the Service as a separate business). You may not copy or distribute any part of the Service in any medium without the Company's prior written authorization.
You may use the Service only if you agree to form a binding contract with Educreations.
You represent and warrant to Educreations that:
If you are accepting these Terms and using the Service on behalf of an organization or entity, you represent and warrant that you are authorized to do so on the entity's behalf and have the authority to bind them to this Agreement, in which case, the words "you" and "your" as used in these Terms shall refer to such entity. If you do not have such authority, or if you do not agree to these Terms, then you must not accept this Agreement and you may not use the Service.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
For users under the age of 13, Educreations follows the consent rules outlined in the US Federal Trade Commission's ("FTC") Children's Online Privacy Protection Act and its implementing regulations outlined in the Children’s Online Privacy Protection Rule ("COPPA") that prohibit online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable.
As detailed in the FTC's COPPA FAQ Section N, COPPA grants school administrators and teachers with the ability to act as the parents' agent in granting consent to the collection of childrens' information on the parents' behalf, when the collection of students' personal information by an online service provider is limited to the educational context. Educreations collects limited Personal Information from students ("Children's Personal Information"), as described in our Privacy Policy, but only where that student's school, district, and/or teacher has agreed, as required by these Terms, to either 1) obtain parental consent for that child to use the Service and disclose that personal information to Educreations; or 2) act as the parent's agent in granting consent for that child to use the Service and disclose that personal information to Educreations. The Children's Personal Information we collect is used only in support of the learning environment, and for no other commercial purpose.
For clarity, it is our responsibility to comply with COPPA, and we rely on schools to provide consent under COPPA by acting as the agent of the parent. If you are a teacher, school or district administrator, counselor or other school employee ("School Personnel"), you represent and warrant that you will either 1) obtain consent from the parent or guardian of your students under 13 who will be accessing the Service; or 2) agree to act as the parents' agent in granting consent for your students under 13 to access the Service. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Service, and that you are entering into these Terms on behalf of your school or district.
For a more detailed description of the type of information we collect from children and how we use that information to provide our Service, please read our Privacy Policy.
We are constantly changing and improving our Service, and we reserve the right to modify or discontinue the Service (or any portion thereof), temporarily or permanently, with or without notice. You agree that Company shall not be liable to you or to any third party for any such modification or discontinuance of our Service. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
We believe that you (or your school as applicable) own your own data and it's important to us to preserve your access to your data. If we discontinue a Service, where reasonably possible, we will provide you with an opportunity to export your data out of that Service.
Protecting your privacy is extremely important to us, and we're very careful in choosing what data we collect from you and in how we use it. Please read our Privacy Policy, which details what personal information Educreations collects from you and how we use that data to provider our Service.
You retain the rights to any content that you post on or through our Service, and you control who can view your content and how it is shared through your privacy settings. Nothing in these Terms takes away the rights you have to your own content. You can share your content with anyone, anywhere you want.
However, in order to provide our Service to you, we need you to give us some legal permissions (known as a "license") to use your content.
In the course of using our Service, you may create, upload, or post content, including videos, photos, audio, drawings, graphics, text, data, and other information (collectively, the "User Submissions"). When you post User Submissions to our Service, you grant Educreations and its subsidiaries, affiliates, and successors a non-exclusive, transferable (only to a successor), sub-licensable, royalty-free, fully-paid, worldwide license to host, use, distribute, reproduce, modify, publish, transmit, prepare derivative works of, publicly perform and display your User Submissions (consistent with your privacy settings), including without limitation for promoting and redistributing part or all of our Service (and derivative works thereof) in any media formats and through any media channels. Because your User Submissions may be viewed or accessed by other Educreations users (subject to your privacy settings), you also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to view, reproduce, modify, distribute, display and perform such User Submissions solely for personal, non-commercial use, as permitted through the functionality of the Service and under these Terms.
You represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in your User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to the Company and all users of the Service.
You represent and warrant that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
The above licenses granted by you in User Submissions you post to the Service terminate within a commercially reasonable time after you delete your User Submission from the Service, unless your User Submission has been shared with others, and they have not deleted it. When you remove or delete User Submissions from the Service, you understand and agree, however, that Educreations may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
When you publish User Submissions using the public setting, it means that you are allowing everyone, including people off of Educreations, to access and use that content, and to associate it with you (i.e. your name and profile picture).
It is our goal for Educreations to be a safe, helpful educational community for everyone. In order to make this happen, we need your help, which includes the following commitments:
You may not upload or make available any content or otherwise use the Service in a manner that:
You may not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We do not guarantee that any Content or User Submissions will be made available on or through the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
You shall be solely responsible for your activity in connection with the Service and the consequences of submitting and publishing your User Submissions on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Submissions you submit; and you license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions for publication on the Service pursuant to these Terms. You can be held personally liable and legally responsible if your User Submission violates the law, is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others.
The content on the Service, including without limitation, the videos, sounds, music, photographs, drawings, software, scripts, comments, information, data, text, graphics, and interactive features and the like, (collectively the "Content") generated, provided, or otherwise made accessible by Company or its partners on or through the Service and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Educreations™ and Educreations.com™ are proprietary marks of Educreations. Educreations’ trademarks may not be used in connection with any product or service that is not provided by Educreations, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Educreations.
All other trademarks displayed on Educreations’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Educreations.
Apple, the Apple logo, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
You may browse the Site and view Content and User Submissions without registering, but in order to access some features of the Service, you will have to create an account. You may never use another person'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 the Company immediately of any breach of security or unauthorized use of your account. Although Educreations will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
Access to and use of Educreations is free, but we offer certain premium features that are available for purchase. Therefore, we reserve the right charge fees for certain features. When you use a service that has a fee you have an opportunity to review and accept the fees you will be charged, which we may change from time to time. Educreations reserves the right to change its price list for certain services and to institute new charges at any time, after we provide you with notice by sending you an email or posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other 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):
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company's policy:
C. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Educreations' designated Copyright Agent to receive notifications of claimed infringement is:
Educreations, Inc.
Attn: Legal Department
548 Market St STE 31506
San Francisco, CA 94104
Email: support@educreations.com
Telephone: 650.204.0044
You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
As we work to improve our Service and develop new features that will make Educreations better and more useful for you, we may need to update these Terms from time to time to accurately reflect our Service and practices. We will attempt to notify you when major changes are made to these Terms. Your continued use of our Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
Company has no special relationship or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content or User Submissions you access via the Site; what effects the Content or User Submissions may have on you; how you may interpret or use the Content or User Submissions; or what actions you may take as a result of having been exposed to the Content or User Submissions. You release Company from all liability for you having acquired or not acquired Content or User Submissions through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content or User Submissions contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL EDUCREATIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EDUCREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE EDUCREATIONS OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE EDUCREATIONS OFFERINGS, INCLUDING OTHER USERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, COMPANY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The Educreations Sites are controlled and offered by Educreations from its facilities in the United States of America. Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Educreations without restriction.
A. Governing Law. 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 Educreations, either specific or general, in jurisdictions other than California. These Terms of Use 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 Educreations that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California.
B. Entire Agreement/Severability. These Terms of Use, together with the Privacy Policy at https://www.educreations.com/privacy/ and any other legal notices published by Educreations on the Site, shall constitute the entire agreement between you and Educreations concerning the Service. If any provision of these Terms of Use 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 Use, which shall remain in full force and effect.
C. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Educreations' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Educreations reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND EDUCREATIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Agreement shall remain in full force and effect while you use the Service. If you wish to terminate your account, you may do so by choosing the option to "Delete Account" within your Account Settings or by contacting us. Company may suspend or terminate your access to the Service, Site or your account at any time, for any reason (without cause or for your violation of any term of this agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with you account. Upon termination of your account, your right to use the Service, access the Site, and any Content will immediately cease. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Last Updated: October 15, 2024