EDMODO SPOTLIGHT USER TERMS OF SERVICE

Effective date: April 1st, 2015

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These Edmodo Spotlight User Terms of Service (“Spotlight User Terms”) apply to your use of Edmodo’s Spotlight service (“Spotlight”) and any Teaching Content (defined below) therein. Your use of Edmodo’s Services (which include Spotlight) is also at all times subject to Edmodo’s Terms of Service (the “Terms of Service”), which are incorporated into these Spotlight User Terms by this reference. In the event of any conflict between these Spotlight User Terms and the Terms of Service, these Spotlight User Terms shall prevail with respect to the subject matter of these Spotlight User Terms.

  1. Who is eligible to purchase Teaching Content on Spotlight?

    You may only use Spotlight to purchase or obtain digital downloads (“Teaching Content”) offered by third parties (“Content Providers”) if you are (a) a registered user of Edmodo and (b) at least eighteen (18) years old.

  2. What does Teaching Content cost?

    Some Teaching Content is offered for free, but some is offered for a fee. The fees are determined by the individual Content Providers. If you wish to purchase any Teaching Content, you must provide Edmodo with accurate payment information, as requested by Edmodo. Information that you disclose to Edmodo by using Spotlight (including billing information) is covered by Edmodo’s Privacy Policy. You understand and agree that if you don’t provide us with the billing information we request, or if you don’t keep that information up-to-date, we may not be able to complete your transaction(s) – and you won’t be able to download Teaching Content if a transaction cannot be completed. Sorry – there are no refunds for Teaching Content. All Teaching Content prices are listed in U.S. Dollars. Please keep in mind that Edmodo just facilitates the transaction between you and the Content Provider, and that Edmodo isn’t the party creating or selling the Teaching Content.

  3. How can I use the Teaching Content?

    1. The Teaching Content is not sold or licensed by Edmodo, but rather by the applicable individual Content Provider. Each Content Provider may have certain restrictions on your use of the Teaching Content, in addition to these Terms; if there are any such additional terms, they will be stated in the listing for the applicable Teaching Content, and you must abide by all such restrictions. In addition to any restrictions imposed by the Content Provider, as a condition to use Spotlight, Edmodo requires you to: (i) use the Teaching Content only for your non-commercial, educational use; (ii) only distribute the Teaching Content to students who are currently enrolled in courses you teach (“Students”); (iii) not transfer the Teaching Content to any other teacher or administrator without the permission of the Content Provider; and (iv) use reasonable efforts to ensure that your Students don’t use the Teaching Content for anything other than their own non-commercial, educational use. Any other applicable restrictions set forth in the Terms of Service also apply to your use of the Teaching Content (except to the extent these Spotlight User Terms conflict with the Terms of Service, as described in the introductory paragraph above).

    2. We use the term “Content Provider” in connection with the Teaching Content, but you understand and agree that you are not purchasing the underlying copyright or other intellectual property right in the Teaching Content, but rather only the single copy you have downloaded (subject to any applicable license restrictions required by the Content Provider and the restrictions set forth in these Spotlight User Terms).

    3. Edmodo cannot guarantee, and is not responsible in any manner for, the quality or accuracy of the Teaching Content or the listing for the Teaching Content. For clarity, the disclaimers and limitations on Edmodo’s responsibility and liability for products or services offered by a third party that are described in the Terms of Service apply to Teaching Content and your interactions with Content Provider. If you are unhappy with the Teaching Content for any reason, please contact the applicable Content Provider, in accordance with Section 4 below.

  4. How do I get in touch with a Content Provider?

    Edmodo may provide you (through a Teaching Content listing or otherwise) contact information for a Content Provider. Any communications between you and the Content Provider must be conducted outside of Edmodo. Please understand that Edmodo’s Privacy Policy does not cover any information you disclose to a Content Provider (though Edmodo does place certain restrictions on the Content Provider’s ability to use such information in the Edmodo Spotlight Content Provider Terms of Service, which detail the rules for Content Providers). You are not a third party beneficiary of the Spotlight Content Provider Terms, and you don’t have the right to enforce any terms in that agreement. Edmodo unfortunately can’t control a Content Provider’s responses to you, and it isn’t responsible if a Content Provider doesn’t communicate with you in a manner that meets your expectations. That said, if you have any issues with a Content Provider, please let us know by contacting us at support@edmodo.com, or by submitting a review of the Provider or the Teaching Content on its listing page.

  5. What are the rules for rating and reviewing Teaching Content?

    1. Anyone who has downloaded a Teaching Content item (either free or paid) from Spotlight is eligible to post a review and rate that item.

    2. If you submit a review, you cannot submit any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and you are also prohibited from submitting anything that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Edmodo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

    3. If you do post a review, you grant Edmodo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and you grant Edmodo and any sublicensee the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that the content is accurate. Edmodo takes no responsibility and assumes no liability for any content posted by you or any third party.