Symbaloo Terms of Use

These terms of use (“Terms”) govern your access to and use of Symbaloo’s software, products, and/or services (the “Products”) and any information, content, text, graphics, photos and/or other materials uploaded, downloaded, purchased, and/or appearing on or through the Products (“Content”). These Terms apply to all visitors, users, and others who access and use the Products (the “Users”).

By accessing or using the Products you agree to be bound by these Terms. We may revise these Terms from time-to-time, the most current version will always be at the referenced link. If the revision, in our sole discretion, is material, we will notify you through the Products or through Email. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.

Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with Symbaloo regarding the use of Products, or (2) any applicable laws or regulations, to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of any applicable written agreement you have entered into with Symbaloo, the terms and conditions of the written agreement shall control.

1. General Terms

You are responsible for your use of the Products. Your access to and use of the Products, and the extent of any such access and use, may be controlled at Symbaloo’s sole discretion.

Symbaloo’s Products are always evolving, and the form, nature, and/or functionality of the Products may change from time to time, without prior notice to you. Symbaloo retains the right to temporarily or permanently stop providing a Product and/or a feature within a Product to you or to Users generally, without prior notice. Symbaloo also retains the right to create and/or modify limitations on usage or storage at its sole discretion at any time without prior notice.

If you are accepting these Terms and using the Products on behalf of an institution, company, organization, government, or other legal entity (individually or collectively, an “Institution”), then (a) “you” includes you and that institution, and (b) you represent and warrant that you are an authorized representative of the institution with the authority to bind the institution to these Terms, and that you agree to these Terms on the institution’s behalf. You may use the Products only in compliance with these Terms, any agreement entered into by your institution relating to the Products, and all applicable local, state, national, and international laws, rules and regulations.

In cases where you have authorized or registered another individual, including a minor, to use Symbaloo’s Products, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Products; and (iii) the consequences of any misuse. Symbaloo reserves the right to provide access to any data collected pertaining to any minor to that minor’s parent(s), guardian or other authorized adult, upon such adult’s request.

2. Privacy and Personal Information

Any information that you have made available or may make available to Symbaloo, or may be collected by Symbaloo in connection with your use of the Products (“Your Information”) will be collected, maintained and used in order to provide the Products to you or your institution. Your Information may include, but is not limited to, your name, email address, and any other information, including personal information. You understand that, through your use of the Products, you consent to the collection and use (as set forth in these Terms, Symbaloo’s Privacy Policy, and any other agreement entered into between your institution relating to the Product) of Your Information, including the transfer of Your Information to and/or from the United States and/or other countries for storage, hosting, processing, and/or other use by Symbaloo. By using the Products, you consent that Symbaloo may use any or all of Your Information in connection or combination with other Symbaloo Products, including to provide, maintain, protect and improve the Products provided to you and/or your institution.

To the extent that any of Your Information you make available to Symbaloo may include information directly related to an identifiable current or former student that is maintained by a school, school district, or school-related entity (“Student Information”), Symbaloo does not own, control, or license such Student Information. Rather, you own all right, title, and interest to all such Student Information. Such Student Information may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232(g). Symbaloo agrees to treat such Student Information as confidential and will not share it with third parties unless authorized by the terms and conditions of an applicable written agreement you or your institution have entered into with Symbaloo.

To the extent that any of Your Information you make available to Symbaloo may include the “personal information” of an individual under the age of 13 as defined by the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §6501, Symbaloo does not own, control, or license such personal information. By making any such personal information available to Symbaloo, you acknowledge that you have obtained the consent of a parent and/or guardian of that individual to provide such personal information, and that you have taken reasonable precautions to prevent individuals under the age of 13 from falsifying such consent. Symbaloo agrees to treat such personal information as confidential and will use it for no commercial purpose other than in connection with any applicable agreement you or your institution has entered into with Symbaloo. Upon request of the parent or legal guardian of an individual under the age of 13, Symbaloo will allow the review or deletion of that individual’s personal information.

If you have any questions regarding the privacy of Your Information and/or if you are a parent or legal guardian who wishes to review or delete any personal information of your child, you may contact Symbaloo at violations@symbaloo.com, or your institution.

3. User Accounts

Certain of Symbaloo’s Products may permit and/or require the creation and use of a user account associated with Your Information. You may never use another user’s account without permission. In consideration of your use of Symbaloo’s Products, you agree that Your Information associated with your user account will be kept true, accurate, current, and complete. You are responsible for safeguarding any password and/or other security features that you use to access Symbaloo’s Products, and for ensuring that you exit from your user account following use of Symbaloo Products. You agree to notify Symbaloo of any unauthorized use of your user account or any other breach of security.

4. Intellectual Property Rights

A. Symbaloo Intellectual Property

All right, title, and interest in and to Symbaloo’s Products (exclusive of Content provided by Users or other third parties) are and will remain the exclusive property of Symbaloo. The Products are protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing within these terms gives to you any right to use the Symbaloo name or any trademark, logo, domain name, or other distinctive feature of the Symbaloo brand. Any feedback, comments, or suggestions that you may provide or make regarding Symbaloo and/or any of its Products is made entirely voluntary and without expectation of any obligation to you, and Symbaloo shall be free to use such feedback, comments, or suggestion as it sees fit.

B. User Content

You are responsible for the Content that you submit, post, or display in connection with your use of the Products, and any and all consequences thereof. You retain any rights you may have in such Content. By submitting, posting, or displaying Content on or through the Products, you acknowledge that such content may be viewed by other Users of the Products.

By submitting, posting, or displaying Content on or through the Products, you grant to Symbaloo a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works, communicate, display, and/or distribute such Content in any and all media or distribution methods as part of providing, promoting, or improving Symbaloo’s Products. You agree that this license includes the right for Symbaloo to make such Content available to other institutions or individuals as part of providing the Products, and you represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any content that you submit.

All Content, whether publicly or privately transmitted, is the sole responsibility of the person who originated that content. Symbaloo may or may not monitor or control the Content submitted by Users, and takes no responsibility for such Content. Any use or reliance by you on any Content appearing on Symbaloo’s Products or obtained through Symbaloo’s Products is at your own risk.

Symbaloo respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is:

SymbalooPO Box 6798Incline village, NV 89450United StatesEmail: violations [at] symbaloo.com

5. Your license to use Symbaloo’s Products

Symbaloo gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Products, subjects to these Terms and the terms of any applicable written agreement you or your institution has entered into with Symbaloo, limited solely to the intended use of the Products, and expressly not for the purposes of competitive analysis, intelligence, or demonstration. You may not copy, modify, sell, distribute, or lease any part of the Products, nor may you reverse engineer or attempt to extract the source code of any product, unless such a restriction would be prohibited by law.

6. Mobile Software

Certain of Symbaloo’s Products or features thereof may be embodied in or accessible via software for a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Symbaloo does not warrant that any Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You acknowledge that Symbaloo may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

A. Mobile Software from App Store by Apple

The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”):You acknowledge and agree that these Terms are solely between you and Symbaloo, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Symbaloo as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Symbaloo as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Symbaloo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Symbaloo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

B. Mobile Software from Google Play Store

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms are between you and Symbaloo only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Symbaloo, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as relates to Symbaloo’s Google-Sourced Software.

C. Mobile Software from Microsoft Store

The following applies to any Mobile Software you acquire from the Microsoft Store ("MS-Sourced Software"): (i) you acknowledge that the Agreement is between you and Symbaloo only, and not with Microsoft Corporation ("Microsoft"); (ii) your use of MS-Sourced Software must comply with Microsoft's then-current Microsoft Store Terms of Service; (iii) Microsoft is only a provider of the Microsoft Store where you obtained the MS-Sourced Software; (iv) Symbaloo, and not Microsoft, is solely responsible for its MS-Sourced Software; (v) Microsoft has no obligation or liability to you with respect to MS-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Microsoft is a third-party beneficiary to the Agreement as it relates to Symbaloo’s MS-Sourced Software.

7. Termination

We may suspend or terminate your accounts or cease providing you with all or part of Symbaloo’s Products at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Products is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Products, except that Sections 2, 4, 6, 8, 9, and 10 herein shall continue to apply.

8. Limitation of Liability

This Section limits the liability of Symbaloo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (collectively, the “Symbaloo Entities”).

Your access to and use of the Products or any Content are at your own risk. You understand and agree that the Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SYMBALOO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Symbaloo Entities or through the Products, will create any warranty not expressly made herein.THE SYMBALOO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

9. Waiver & Severability

The failure of Symbaloo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

10. Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Products will be brought solely in the federal or state courts located in Orange County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 Symbaloo HQ Netherlands

Symbaloo BV

Burgwal 47

2611 GG

Delft

Netherlands

015-2129006  

 Symbaloo office United States

PO Box 6798

Incline village, NV 89450

United States