Last updated: May 24, 2018
CoSpaces Edu’s mission is to create an environment where students can excel and be their best. To accomplish this goal, it is essential that CoSpaces Edu provides a safe place for students’ creations and that teachers are in complete control over how that information is shared.
COSPACES EDU IS INTENDED FOR THE USE IN SCHOOLS ONLY. IF YOU ARE NOT A SCHOOL OR IF YOU INTEND TO USE THE SERVICE IN CONJUNCTION WITH OR AS PART OF A PAID SERVICE OR PRODUCT, FOR THE PURPOSE OF MARKETING YOUR OWN OR SOMEONE ELSE’S PRODUCTS OR SERVICES OR OTHERWISE IN CONJUNCTION WITH A COMMERCIAL EVENT SUCH AS A WORKSHOP, ONLINE COURSES OR BROADCASTED EVENTS, YOU MUST ENTER INTO A SEPARATE AGREEMENT WITH DELIGHTEX.
Data collected by CoSpaces Edu may include personally identifiable information from education records that are subject to FERPA ("FERPA Records"). To the extent that Student Data includes FERPA Records, CoSpaces Edu will be considered a "School Official" (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and will comply with FERPA.
CoSpaces Edu only collects personal information through the Services from a child under age 16 where their school, district, and/or teacher has agreed (via the terms described in more detail below) to obtain parental consent to use the Services and disclose personal information to us for the use and benefit of the learning environment.
If you are aware that CoSpaces Edu is collecting information from a student under age 16 without parental consent, please contact us immediately at firstname.lastname@example.org and we will delete the data.
Only teachers or school administrators can create a teacher account on CoSpaces Edu. Creating a teacher account is only allowed to users who are of the age 16 or older.
Only teachers or school administrators can create a class on CoSpaces Edu. Once the class is created, teachers can authorize student participants and additional faculty with appropriate permissions to create, edit, upload, view, and share work.
Teachers and schools agree to obtain written consent from parents of students under the age 16 prior to their students creating accounts on CoSpaces Edu, or alternatively agree that they are acting as the parent's agent and providing consent to use CoSpaces Edu solely in the educational context (as provided in www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#Schools). You should consult with your school or school district to ensure that you obtain proper consent to use CoSpaces Edu in the classroom.
When you create a CoSpaces Edu class, you agree that:
Students under the age 16 may use CoSpaces Edu only if their parent or legal guardian has given permission to their teacher or school. You agree to use CoSpaces Edu only if you have been given an Invite Code or have otherwise been invited to use CoSpaces Edu by your teacher.
CoSpaces Edu is an extension of the classroom. You agree to use CoSpaces Edu in a manner that is appropriate to the classroom. You may not violate the policies of your school or school district in your use of CoSpaces Edu.
CoSpaces Edu services are available as paid or free services (“Plans”) and you agree to abide by the terms applicable to the Plans that you have signed up for:
If you have received a code or other offer provided or sold by or on behalf of Delightex for access to CoSpaces Edu Pro (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
We may, at our own sole discretion, offer trials of CoSpaces Edu Pro for a specified period without payment or at a discounted rate (“Trial”). We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible.
CoSpaces Edu Pro can be purchased directly from the CoSpaces Edu website or through a separate agreement with Delightex.
Delightex may change the price for CoSpaces Edu Pro from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
Teachers can delete their CoSpaces Edu accounts under the account settings. Students may only delete their accounts through any teacher who sent them a CoSpaces Edu invite code or a school administrator. If you’re a parent of a student who has a CoSpaces Edu account and would like this account to be deleted you may contact Delightex directly at email@example.com.
We don’t own the content you provide – students and their schools own all Student Data added to CoSpaces Edu.
However, in order to provide our Services, we need certain limited rights to your content. For example, when you upload your content, we need the rights to store it and serve it back to you. Therefore you grant CoSpaces Edu the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content only how you specify within the context of the CoSpaces Edu service.
CoSpaces Edu is protected by copyright, trademark, and other intellectual property laws. Delightex grants you a limited, non-exclusive, non-transferable license to view, copy, and display CoSpaces Edu solely in connection with your permitted use of CoSpaces Edu. Any rights not expressly granted here are reserved.
Unauthorized use of CoSpaces Edu’s logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited.
All users agree that they will refrain from the following prohibited activities when using CoSpaces Edu.
The use of CoSpaces Edu requires a CoSpaces Edu account and password. It is not permitted for any reason whatsoever to provide your password to any other person or using any other person’s username and password. CoSpaces Edu allows a maximum of 2 computer devices and a maximum of 2 mobile devices to be logged into the same account simultaneously.
CoSpaces Edu reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates our Terms or other policies. In addition, CoSpaces Edu reserves the right to terminate any account at any time for any reason without notice to you.
If you’ve signed up as a teacher with a school provided email address, and your school later signs up for a CoSpaces Edu school account, we may transfer your account to be under the management and control of your school. To protect student data, in certain limited circumstances (such as when a teacher leaves a school) we may transfer a class to a different teacher if we receive a properly authorized request from the relevant school.
CoSpaces Edu reserves the right to terminate accounts that have not been accessed by the teacher or school associated with the account for a period of more than one year. Prior to terminating an abandoned account, CoSpaces Edu will notify the teacher or school associated with the account by email.
We use industry best practices to collect, store, and transmit your data securely. This includes data centers with stringent physical access control measures, use of HTTPS/SSL to securely transmit data, and routine audits of our security protocols. In the event of a security breach, we will notify affected account holders as required by law so that you can take steps to keep your data safe.
CoSpaces Edu may modify our Terms from time to time. CoSpaces Edu will notify you of any changes to our terms that materially alter your rights or responsibilities by email and by posting a notice to our site. If you as a teacher or school administrator continue to use CoSpaces Edu after you receive such a notice, you agree to be bound by any changes to our Terms.
Your use of CoSpaces Edu is at your sole risk. CoSpaces Edu and any third-party software, services, or applications made available in connection with CoSpaces Edu are provided "as is", without warranty of any kind. To the maximum extent permitted by applicable law, CoSpaces Edu, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement or proprietary rights. CoSpaces Edu and its suppliers and partners do not warrant that the functions contained in the CoSpaces Edu service will be uninterrupted or error-free, that defects will be corrected, that the CoSpaces Edu service or the servers that make them available are free of harmful components or that the CoSpaces Edu service will meet your requirements. You are solely responsible for any damage to your equipment or device, loss of use, or loss of data. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
You agree to indemnify and hold harmless CoSpaces Edu from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to: (a) your use or misuse of CoSpaces Edu; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our Terms. CoSpaces Edu will give you written notice of any such matter; however, any failure or delay by CoSpaces Edu to do so does not negate your defense or indemnification obligations or waive CoSpaces Edu's rights to seek payment or defense or indemnification from you. CoSpaces Edu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with CoSpaces Edu in our defense of these claims. You will not settle any claim that affects CoSpaces Edu or our affiliates without our prior written approval.
To the maximum extent permitted by law, CoSpaces Edu will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if CoSpaces Edu has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use CoSpaces Edu; (b) any conduct or content of any user or third party on our services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on CoSpaces Edu; or (e) CoSpaces Edu’s decision to publish or remove any information on our service.
The limitations of liability set forth in this section will survive any termination or expiration of our Terms, and will apply even if any limited remedy specified in our Terms is found to have failed of its essential purpose.
The Services are controlled by Delightex from our offices located in Munich, Germany. They can be accessed by most countries around the world. As each country has laws that may differ from those of Germany, by accessing our Services, you agree that the statutes and laws of Germany, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.
We want to address your concerns without needing a formal legal case. Before filing a claim against CoSpaces Edu, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or CoSpaces Edu may bring a formal proceeding.
You and Delightex agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
You may only resolve Disputes with Delightex on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
We welcome your feedback and suggestions about CoSpaces Edu. Please email us at email@example.com at any time.
These Terms (and any other policies we refer to in this document) make up the entire agreement between you and Delightex and supersede any prior agreement. If any part of these Terms are found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If CoSpaces Edu fails to enforce any part of these Terms, such a failure does not constitute a waiver.
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