o/a Green Mouse Academy
Last Updated: June 1, 2016
Welcome to Green Mouse Academy (the “Website”). The Website is operated by Accellearn, LLC of West Palm Beach, FL USA. Accellearn, LLC and Green Mouse Academy are referred to herein in this agreement as “we”, “us” or “our”.
BY VISITING THE WEBSITE, ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND TO BE BOUND TO THESE TERMS AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES PROVIDED. ACCESS TO THE WEBSITE AND USE OF COMPANY SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
PLEASE READ ALL TERMS OF SERVICE BEFORE CLICKING THE BOX TO COMPLETE YOUR REGISTRATION OR SIGN IN THROUGH AN ASSIGNED ACCOUNT. BY REGISTERING OR SIGNING INTO THE WEBSITE, YOU AGREE TO THE FOLLOWING TERMS WITHOUT EXCEPTION.
Terms of Service
Accellearn reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to the Terms of Service page.
You should visit this page periodically to review the most current Terms. By continuing to access or use Services after updated Terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions prior to use.
- ACCESS and SERVICES. The Website and domain name and any other linked pages, features, content or application Services (including without limitation to any mobile or downloadable, offline content and media) offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website and that have been selected by you (together with the Website, the “Services”), solely for your own use and not for the use or benefit of any third-party. The term “Services” includes, without limitation, use of the Website, any Service that the Company performs for you and the Content (as defined in Terms) offered by Company on the Website. Company may change, suspend or discontinue Services at any time, including the availability of any feature, database or Content (as defined in Terms). Company may also impose limits on certain features and services or restrict access to parts or all Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website or by sending you a notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
- CHILDREN’S ONLINE PRIVACY and PROTECTION ACT. For the interest of some of our users, we have included information below related to the Children’s Online Privacy and Protection Act (“COPPA”). COPPA requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13; therefore, we only collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the following paragraphs) to obtain parental consent for that child to use the Services and disclose personal information to us or where the parent or legal guardian of a child has signed the child up to use the Services.
If you are a student under 13, please do not send any personal information about yourself to us if your school, district, organization and/or teacher has not obtained this prior consent from your parent or legal guardian or if your parent or legal guardian has not signed you up to use the Service and please do not send any personal information other than what we request from you in connection with the Services.
If we learn we have collected personal information from a student under 13 without parental or legal guardian consent being obtained by his or her parent, guardian, school, district, and/or teacher or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this Agreement, please contact us immediately at support (at) greenmouseacademy.com.
For users of our Service, if you are signing up for this Service and creating accounts on behalf of student(s), you represent and warrant that you are either (a) an instructor, a teacher or school administrator or otherwise authorized by a school, district or education organization to sign up on behalf of students or (b) the parent or legal guardian of such student(s).
In addition, you represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian to agree to these Terms on your behalf, as we described and also agree to these Terms and their own behalf). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
If you are a school, district, education organization or teacher, you may have the Company generate an access code (an “Access Code”) for you to use with each limited access group you administer. For example, if you wish to establish a closed group among yourself or organization, as a teacher or instructor and for your class, you would distribute the Access Code only to members of your class that will use the Services. Everyone to whom a group administrator distributes the Access Code to will be a member of that “Limited Access Group”. Instructors or students will log into to the Services using accounts created by teachers, school administrators or teachers or students may log in with their approved Access Code to join a Limited Access Group.
- SERVICES and CONTENT. The Services and its contents are intended solely for the personal, non-commercial use of Services by users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, videos, audio and project files (the “Content”) and which includes User Submissions (as defined below) are protected by copyright. You shall abide by all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent and approval of the respective owners and (ii) in any way that violates any third-party copyright or reserved rights.
YOU MAY NOT USE THIS CONTENT IN A CLASS, WORKSHOP AND CAMP OR ANY OTHER GROUP OR MULTI-USER, MULTIPLE PARTICIPANT SETTING UNLESS GRANTED AN EDUCATIONAL INSTITUTION OR COMPANY LICENSE AND THEN ABIDE BY THE TERMS OF SUCH LICENSE.
The Services and Content, include, but not limited to all information, functions and content contained within or related to the Green Mouse Academy Website protected by copyright as a collective work and compilation, pursuant to U.S. copyright laws, international conventions and other intellectual property laws.
No Content (except as expressly provided in this section) from the Website or related to any Service may be used, reproduced, transmitted, distributed or otherwise exploited in any way except where the Website enables and explicitly directs users that they may download or reproduce specific content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any Content, software, materials, or Services in whole or in part. Additionally, no Content, installers, materials, videos, lessons, projects, coursework, audio files or graphics, can be distributed, repurposed, or adapted for any purpose including educational camps, classes or enrichment workshops.
If required and approved with written consent by such cases to download material, you must not rent, lease, sublet, loan distribute or copy this content, in whole or in part. Additionally, you may not use this content in any illegal manner or in any way that suggests any affiliation or sponsorship by Green Mouse Academy with any other entity, unless you are given permission by Green Mouse Academy in writing.
When we offer or provide downloads of content from our Website, including course content, that content is licensed to you by us or our third-party licensors for the space of time specified in our contract with you or the Education Institution you are affiliated with; therefore, you must follow any and all terms set forth by us or our third-party licensors of Content.
For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, make sure your content is viewable on your mobile device as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Company account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Company the license above, as well as a license to display, perform and distribute your Personal User Submission for the sole purpose of displaying that Personal User Submission to you and providing you the Services necessary to do so.
If you share a User Submission only with a Limited Access Group or otherwise in a manner that only certain specified users can view (each, a “Limited Access User Submission”), then you grant Company the license above, as well as a license to display, perform, and distribute your Limited Access User Submission for the purpose of displaying that Limited Access User Submission to other members of that Limited Access Group (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of that Limited Access Group (or such specified users, as applicable) a license to access that Limited Access User Submission and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a project in your Limited Access Group, you grant the other members of the Limited Access Group the rights necessary to view that project and to create derivative works by adding to and modifying it.
If you share a User Submission in a public “community” on the Website or Service in a manner that more than just you or your Limited Access Group can view (a “Public User Submission”), then you grant Company the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of displaying that Public User Submission to all Company users and providing you the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with Company and the Services, provided that Company will try to notify you if it uses your Public User Submission for any reason other than displaying it within the Service. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a project in a public “community”, you grant the other members of the “community” the rights necessary to view that project and to create derivative works by adding to and modifying it.
Any user and Company may use, modify, reproduce, display, perform, distribute or create derivative works of a Public User Submission or a Limited Access User Submission (for which they have permission to access), provided that such user or Company must provide attribution to the original author(s).
You agree that the licenses you grant are perpetual, royalty-free, irrevocable, sub licensable, transferable and worldwide. Finally, you understand and agree that Company, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data, which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- RESTRICTIONS. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm or other harmful computer code, file or program.
Company reserves the right to remove any Content from the Services at any time, 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 breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit or otherwise disseminate using in connection with the Services and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene) or engage in any kind of illegal activity is expressly prohibited.
You will not run mail list, listserv, any form of auto-responder or “spam” on the Services or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You understand and agree that Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section and shall have sole discretion regarding the course of action to take in connection therewith.
- WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.
THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- REGISTRATIONS and SECURITY. As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name (“Company User ID”). If you are accessing the Services through a third party site or service, Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. In certain situations, your Company User ID may be selected for you by your school, district or education organization; the same rules apply to them when they select a Company User ID for you. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization.
Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to Company and you are consenting to have the information in those accounts transmitted into your Company account and you agree that you shall only use accounts owned by you and not by any other person or entity.
- INDEMNITY. 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 Services, use of the Services, 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.
- LIMITATION OF LIABILITY. To the fullest extent allowed by applicable law, in no event shall Company or it’s suppliers or their respective officers, directors, employees or agents be liable with respect to the Website or the Services or the subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you to the Company hereunder during the 12-month period preceding the applicable claim; (ii) for any indirect, incidental, punitive or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Company’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- FEES and PAYMENT. You shall pay all applicable fees, as described on the Website and/or your account settings in connection with the Services selected by you. You shall be responsible for all taxes associated with your use of such Services, including and without limitation to any federal, state, local or foreign taxes or any sales or use taxes. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
Company has no control over and assumes no responsibility for the content, accuracy, privacy policies or practices of or opinions expressed in any Third Party Service. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site or between users and any third party, you understand and agree that Company is under no obligation to become involved.
In the event that you have a dispute with one or more other users or third parties, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or membership at any time, for any reason and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website and any Content will immediately cease. All provisions of this Agreement, which by their nature, should survive termination, shall survive termination, including and without limitation, ownership provisions, warranty disclaimers and limitations of liability.
- MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sub licensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning and may not accurately reflect the content of the provisions they precede. Except as expressly set forth in Section “APPLE DEVICE AND APPLICATION TERMS” below, you and Company agree there are no third party beneficiaries intended under this Agreement.
- ARBITRATION and GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Palm Beach County, Florida, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of Florida.
- COPYRIGHT DISPUTE POLICY (Digital Millennium Copyright Act). If You are a copyright owner or a direct agent thereof and believe that any Services, Content or User Submission infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for additional information.
378 Northlake Blvd., Unit #257
North Palm Beach, FL 33408
Email support (at) greenmouseacademy.com
- 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 material claimed to have been infringed, and enough pertinent information about the location of the material to enable us to locate it within the site;
- Your contact information 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;
- 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.
- APPLE DEVICE and APPLICATION TERMS. In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a Company application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
15.1 Both you and Company acknowledge that this Agreement is concluded between you and Company only and not with Apple, and that Apple is not responsible for the Application or the Content;
15.2 The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement, as they are applicable to the Service;
15.3 You will only use the Application in connection with an Apple device that you own or control;
15.4 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
15.5 In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
15.6 You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
15.7 You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
15.8 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
15.9 Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
15.10 Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
CONTACT. If you have any questions, complaints or claims with respect to the Services, you may contact us at support (at) greenmouseacademy.com or at 378 Northlake Blvd., Unit #257, North Palm Beach, FL.
Additional Terms of SERVICE for Educational Institutions
- Compliance with Family Educational Rights and Privacy Act – FERPA. FERPA requires that Educational Institutions keep personally identifiable information (as defined in FERPA, “PII”) from Education Records confidential and cannot disclose them to a provider unless: (i) an Educational Institution has first obtained written consent from the Parents; or (ii) the disclosure of information falls into one of the exceptions provided for in the FERPA. One of the exceptions is releasing PII from Education Records to a school official with a legitimate educational interest. According to FERPA, teachers, contractors, consultants, volunteers, or other parties to whom the Educational Institution has outsourced institutional services or functions may be considered a school official. Furthermore, if these school officials need PII from Education Records to do a job they have been assigned or contracted to conduct, they are also considered to have a legitimate educational interest.
In order to allow Green Mouse Academy to provide you with the Services, you hereby designate Green Mouse Academy as a “school official” with a “legitimate educational interest” under FERPA in using and accessing your Education Records. You also represent and warrant to Green Mouse Academy that (a) you have obtained all consents necessary in connection with disclosing any Education Records directly or indirectly to Green Mouse Academy or otherwise in connection with the Services, and (b) your disclosures described in are not and will not be a violation of FERPA.
- Project Creation. During the regular course of completing lessons, students create physical and digital content (“Projects”) and have access to Projects that are saved in their private account on Green Mouse Academy. These are visible only to themselves and their teacher or instructor. Students can delete these Projects at any time.
- Sharing Projects. Students and teachers can also share projects on a class or group basis that may be accessed by the teacher or instructor and a Limited User Group, such as their classmates and affiliated classes or sites from the same or affiliated Education Institution. Teachers and administrators from the Educational Institution can remove these Projects from the Class Showcase. Although we do not allow students to post to social media sites, students may manually copy URL links to Green Mouse Academy projects and post these links on other social media sites that may not allow deletion. In such cases, the student or educator can delete original projects and the links on external sites will no longer work.
- Transferring Projects. Green Mouse Academy Projects cannot be transferred to other accounts, however they can be copied over to other accounts. A new Project will be created in the other account and will be an exact replica of the original project. Deleting the original project will not delete the copy. The new owner of that copied Project may delete the copy at any time.
- Access and Deletion of Education Records. Green Mouse Academy will use commercially reasonable efforts to comply with written requests from you or parent or guardian for access to and review their Education Records and to correct any erroneous information within a reasonable period of time, but not more than 45 days after we have received the request. You and Parents can submit such request by sending us an email request at support (at) greenmouseacademy.com. Whenever applicable, you will serve as the intermediary for the requests by Parents, wherein the parent requests access to any Education Records created and maintained by Green Mouse Academy directly from you, and you then obtain the Education Records from us to give back to the Parent.
Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil’s records and correct erroneous information by the following protocol:
- Removing or changing student Projects: Parents or student can login to their child’s account and edit or delete Projects.
- Changing PII (screen name, first name, last name, password, avatar): Parents need to inform the class teacher.
- Deleting the child’s account: Parent can contact the School and the teacher can perform this action. School may also contact Service Provider by sending an email to support (at) greenmouseacademy.com and we will do so in 5-10 business days.
Educational Institutions and Parents may request Green Mouse Academy in writing by sending an email to support (at) greenmouseacademy.com to terminate the Services and/or delete the PII from their Education Records maintained by Green Mouse Academy. You understand that you and Parents may not be able to access or use certain portion of the Services after Green Mouse Academy deletes the account and information pursuant to your or Parents’ request. We will use commercially reasonable efforts to comply with such deletion request and we certify that we will not retain or otherwise make available to third parties the Education Records after the termination, except (i) as permitted hereunder, or (ii) if a student chooses to establish or maintain an account with Green Mouse Academy for the purposes of storing student-generated content. However, we may de-identify student information [, including without limitation, by deleting or de-identifying all PII from Educational Records within 5-10 business days of our receipt of the termination notice, except for Student Data residing on internal logs which will be removed within ninety (90) days, and will also provide notice to the Educational Institutions when PII from Educational Records has been deleted and/or anonymized] before we retain it, share it with other parties, or use it for other purposes.
Green Mouse Academy may terminate these Additional Terms and Green Mouse Academy’s Terms of Service in accordance with the “Termination” section of Green Mouse Academy’s Terms of Service. All provisions of these Additional Terms and Green Mouse Academy’s Terms of Service, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities, and governing law.
- Data Privacy, Confidentiality and Security. Green Mouse Academy maintains industry level administrative, physical and technical measures to protect Education Records stored in our servers, which are located in the United States. We train our employees to ensure the security and confidentiality of Education Records maintained by us. If there is any unauthorized disclosure or access to any PII from Education Records, we will promptly notify you, any other affected Educational Institutions by email and will use reasonable efforts to cooperate with you and the investigations of the incident. We require that you inform the parents of all affected students, since Green Mouse Academy may not have access to Parent contact information.
As the owner of the Education Records, you may be responsible for the timing, content, cost and method of any notice requirements trigged by security incidents under applicable laws. When permissible under applicable laws, you may request Green Mouse Academy to bear responsibility for the timing, content and method of such required notice on your behalf. In all instances, Green Mouse Academy will indemnify Educational Institutions for all reasonable costs associated with compliance with such notice requirements arising from a breach of the Services by Green Mouse Academy. For clarity and without limitation, Green Mouse Academy will not indemnify for any notification costs arising from a breach of you or a third party.