Rezzly User Agreement for Access to Software and Website
DESCRIPTION OF SERVICES.
Rezzly is a fully online, cloud-based and, quest-based learning platform. It provides an overlay for teachers and students to turn a variety of learning activities into a quest-based format, where "players" game their way through the curriculum, students have choice in their learning activities, and learning is tied to the Common Core Curriculum Standards (or other standards of the teacher’s choice). Players earn experience points, achievements, and levels. Quests have star rating and player comments, so teachers and designers get instant feedback to improve their curriculum. Teachers can also view progress reports on each student.
Rezzly is currently in beta. Only teachers who have registered accounts are allowed at this time. Teachers may create up to 175 student accounts for use in their classroom.
I understand that payment of fee reserves my space in the platform. I also agree if access to the platform is cancelled by Company for any reason, my money will be pro-rated refunded within 14 days and that by agreeing to these TOU, a refund is my only recourse. Any request to cancel a reservation will be honored 30 days prior to Camp only, and no refunds will be processed after that time.
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your non-commercial, educational use for independent study or use in education programs and settings. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services for any commercial use. However, you may download, copy and reproduce QUEST materials for educational use in educational programs and settings as outlined in the ”Who Owns my Quest?” QUEST. This QUEST must be completed within one week of acceptance of this User Agreement.
Permission to use QUEST Documents from the Services is granted for educational purposes only, provided that (1) the appropriate copyright notice appears in all copies and (2) use of such Documents from the Services is for educational and non-commercial use in connection with Rezzly only and will not be copied or posted on any network computer or broadcast in any media. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in educational programs and settings. Distribution outside educational programs and settings requires express written permission. Use for any other purpose is expressly prohibited.
Documents specified above do not include the design or layout of the Rezzly website or any other Company owned, operated, licensed or controlled site. Elements of Company websites are protected by trade dress, trademark, unfair competition, copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company website may be copied or re-transmitted unless expressly permitted by Company.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software") is protected by copyright. Any reproduction or redistribution of the Software is expressly prohibited.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, COMPANY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. COMPANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN COMPANY SOFTWARE PRODUCTS.
PLEASE NOTE THAT THE REZZLY, QUEST MATERIALS, SOFTWARE, AND ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRETS, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS RELATED THERETO (COLLECTIVELY, THE “IP”) ARE LICENSED BY COMPANY FROM BOISE STATE UNIVERSITY PURSUANT TO THE TERMS OF A LICENSE AGREEMENT FOR COMPANY’S EXCLUSIVE USE IN CONNECTION WITH THE OPERATION OF THE CAMP. THEREFORE, YOU AGREE THAT YOU DO NOT HAVE ANY RECOURSE AGAINST COMPANY WITH RESPECT TO THE OWNERSHIP OF THE IP, YOUR USE OR COMPANY’S USE OF THE IP, COMPANY’S LICENSING OF THE IP FROM BOISE STATE UNIVERSITY, OR THE INFRINGEMENT OF ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS AS A RESULT OF THE USE OR LICENSING OF THE IP.
MEMBER ACCOUNT, PASSWORD, SECURITY AND ACCESS BY MINORS.
Use of Rezzly requires you to open an account. In order to open the account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
FERPA gives eligible students and parents certain rights with respect to education records. You are entirely responsible for your compliance with FERPA and you will be required to complete a Quest that covers FERPA and your responsibilities under it. You will also be responsible for notifying parents and eligible students of their right under FERPA to opt out of certain aspects of Rezzly, including the disclosure of directory information.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
Company takes the safety and security of all its participants very seriously and has built in security throughout the system to prevent unauthorized use or abuse. Specific features have been built into our system to protect children under the age of 13 as follows:
- Teachers will be required to complete a Quest that covers COPPA and their responsibilities, how to assign Gamertags so they do not identify students, etc.
A Teacher Dashboard will be provided that allows the teacher to
assign and manage usernames and passwords for all their students.
- Teacher will be the only person who can access or view the Dashboard for their class
- Data included on Dashboard: Gamertag (Username), password, Gender, Age, First Name, Last Initial, Parent’s Email
- An email will go to each parent that includes information on how their child’s information will be collected and displayed, and allowing them to give or deny permission
Access to features of the system will be determined by
permission level granted by Parent according to the following
Rezzly Permissions by Age Age less than 13 Ages 13-17 w/o parent permission w/ parent permission w/o parent permission w/ parent permission View quests in teacher's group Select and complete quests in teacher's group View their own player scorecard Create quests in the teacher's group (with teacher approval) Earn ranks, awards, achievements, badges View other groups Create their own group View quest armory View comment field identity Leave public comments View player scorecards View group reports
- Information collected on children will be used solely for the purposes of education and interaction with others in their class. No information beyond what is reasonably necessary for participation will be collected.
- Company never discloses personal information on system users of any age to third parties.
- Parents can review their child's personal information, ask to have it deleted and refuse to allow any further collection or use of the child's information by contacting the child’s teacher.
You are ultimately responsible for seeking and obtaining the appropriate parent permissions for the use of the Rezzly Services by your students.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Company server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO COMPANY OR POSTED AT ANY COMPANY WEB SITE.
Company does not claim ownership of the materials you provide to Company (including feedback and suggestions or user-posted QUEST materials) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Company, permission to use your Submission in connection with all Company Services and for any educational non-commercial and/or research purposes, including, without limitation, the license rights in perpetuity to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and Company may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that you have permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these TOU, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
CERTAIN LINKS AVAILABLE WITHIN REZZLY WILL LET YOU LEAVE COMPANY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMPANY OF THE SITE.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Idaho. Any dispute, controversy or other claim arising out of this Agreement shall be arbitrated or tried in Ada County, Idaho.