Terms of Service

Updated: June 17, 2021

These Terms of Service (“Terms”) is a legally-binding contract between you and ChalkCast Inc. (“ChalkCast”) a Washington corporation located at 1420 5th Ave Ste 4200, Seattle, WA, 98101-2375, United States. These Terms govern your access to and use of our services (“Service”), including the website located at chalkcast.org, our web browser application located at learn.chalkcast.org, and our native iOS and Android mobile applications.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND CHALKCAST WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Eligibility

You affirm that you are at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Intended Use

ChalkCast is not intended for use by individuals under the age of 13. If you have students under the age of 13, please send us an email at support@chalkcast.org to request customized features and access to a customized platform.

• - The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental/guardian consent before they knowingly collect personally identifiable information online from children who are under 13 years of age.
• - ChalkCast does not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to create an account or send us any personal information.
• - If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@chalkcast.org

Agreement to Terms

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

The Service that ChalkCast provides is always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, ChalkCast may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Registration

If you want to use certain features of the Service, you must create an account and become a registered user (“User”). It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. We reserve the right to force forfeiture of any Display Name for any reason.

You are responsible for safeguarding the password or credentials that you use to access the Service and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ChalkCast cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You’re responsible for all activities that occur under your account, whether or not you know about them.

The Service

ChalkCast enables you to interact with others through live audio, video, screen share and chat messages. When you use ChalkCast, you will be able to join a virtual room with other Users who have been invited.

The Service is provided as-is and without support, and ChalkCast makes no commitment or guarantee – and shall have no obligation – relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/inoperation of the Service (including without limitation any integration or other feature of the Service designed to interoperate with any third-party offering (“Integration”)).

You acknowledge and agree that (a) the Service will not be uninterrupted, error-free, or available 100% of the time, (b) content may be transmitted, streamed, communicated, received and/or stored through the Service and other users or participants in your meetings may save, store, record, or copy such content by or on behalf of You or other users in a variety of ways (including without limitation via third-party integrations or local or external download), (c) the Service is not intended to, and should not, be used for back-up or long-term storage of data, and (d) ChalkCast shall not be responsible for any such exported content or any loss of such stored content. Use of mobile applications may utilize underlying third-party cellular and/or data services and thus may use such services’ allotted units and/or result in usage or other charges associated with such third-party services.

ChalkCast may – in its sole discretion, at any time, with or without notice, and without any obligation or liability to You or any other party – suspend, terminate, limit, change, modify, downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, Integration or component thereof.

THE SERVICE SHALL NOT, AND IS NOT INTENDED TO, BE USED FOR ANY APPLICATION WHERE FAILURE, INTERRUPTION, OR MALFUNCTION MAY REASONABLY BE ANTICIPATED TO RESULT IN BODILY INJURY, LOSS OF LIFE, OR SUBSTANTIAL DAMAGE TO PROPERTY, INCLUDING WITHOUT LIMITATION TO SUPPORT OR CARRY EMERGENCY CALLS TO EMERGENCY SERVICES (e.g. E911 or 112 numbers). ChalkCast is not liable for any claims, damages or loss which arise from this limitation.

Use of the Service

You agree to Use the Service in accordance with these Terms and in accordance with any and all applicable laws and regulations, including by obtaining all required consents, licenses, rights, authorizations, and/or permits. You shall be solely responsible and liable for Your Use of the Service, including without limitation for any and all content transmitted, streamed, communicated, received, and/or stored to or through the Service by You (“Your Content”).

You are responsible for the activities of all End Users who access or use the Service through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any ChalkCast policies. ChalkCast assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact ChalkCast at support@chalkcast.org. ChalkCast may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. Under no circumstances will ChalkCast be liable in any way for any data or other content viewed while using the Service, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

To the extent that You choose to use any software applications provided by ChalkCast in relation to the Service, You agree that You will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Service made available by ChalkCast.

You agree not to:

• - Take any action or omission that would reasonably be expected to (i) disrupt or compromise the integrity or security of the Service or the privacy of any other user(s) of the Service or (ii) cause imminent and material damage to the Service, ChalkCast, or any other user(s) of the Service;
• - Use the service:
  • - for any fraudulent, criminal, defamatory, harassing, or tortious purpose, or to participate in or promote any illegal activity;
  • - to breach, violate, or infringe intellectual property, privacy, or other rights, or to misappropriate the property, of any third-party;
  • - to transmit, distribute, or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or similar programs or materials;
  • - to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value;
  • - to transmit or broadcast unsolicited, or “junk” or “spam,” marketing or promotional materials or messages through pre-recorded voice messages, SMS, facsimile, or other means, in breach of any applicable laws or regulations; or
  • - to transmit, distribute, display, store, or share inappropriate or obscene content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
• - Attempt to hack or gain unauthorized access to the Service or any network, environment, or system of ChalkCast, or any of other user(s) of the Service;
• - Remove, obscure, modify, or alter any branding, logos, and/or legal notices displayed in or along with the Service; or
• - Trunk or forward extensions or numbers associated with the Service to a private branch exchange or key system or to other numbers that can process multiple calls simultaneously.

Using the Service does not give You ownership of any intellectual property rights in the Service or any ChalkCast or third-party content You access. You may not use ChalkCast or third-party content from the Service unless You obtain permission from its owner or are otherwise permitted by law. Other than displaying the branding contained in the Service, these Terms do not grant You the right to use any branding or logos used in the Service or that otherwise belong to ChalkCast.

Your Content

You retain ownership of any intellectual property rights that You hold in Your Content. When You transmit, stream, communicate, receive, and/or store content to or through the Service, You give ChalkCast (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your content works better with the Service), communicate, publish, publicly perform, publicly display, and distribute such content solely for the limited purpose of operating and enabling the Service to work as intended for You and for no other purposes.

Make sure You have the necessary rights to grant us this license for any content that You submit to or through the Service. If You submit a name to associate with Your use of the Service, we may display Your name in conjunction with Your Use. We will respect the choices You make to limit sharing or visibility of Your name in the settings. For example, You can choose to remain anonymous so that Your name does not appear.

If You submit feedback or suggestions about the Service, we may use Your feedback or suggestions without obligation to You.

Privacy

ChalkCast’s privacy policy is available at this link and explains how we treat Your personal data and protect Your privacy when You Use the Service. By using the Service, You agree that ChalkCast can use such data in accordance with its privacy policy.

Software Applications for the Service

When the Service requires or includes downloadable software applications, this software may update automatically on Your device once a new version or feature is available. ChalkCast gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software application provided to You by ChalkCast as part of the Service. This license is for the sole purpose of enabling You to use the Service as provided by ChalkCast, in the manner permitted by these Terms.