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ClassFlow Acceptable Use Policy

V.3 February 2016

Effective Date: February 20, 2016

“ClassFlow” or the “Service” is provided by Promethean Limited (“Promethean”, “we”, or “us”, or “our”). We are a limited company registered in England and Wales with our registered office at Promethean Limited, Promethean House, Lower Philips Road, Whitebirk Industrial Estate, Blackburn, Lancashire, BB1 5TH, United Kingdom.

When we use the word “Service(s)” in this Acceptable Use Policy, we mean (i) the public ClassFlow Service available for free at www.classflow.com or other such URL as determined by the User’s locale (e.g. classflow.it/classflow.nl/classflow.de/classflow.co.uk); (ii) the ClassFlow for Schools Service which is available via subscription to schools, school districts, or other such institutions and is accessible only thru the setup of a unique ClassFlow Subdomain with a private URL (e.g. www.yourschooldistrictname.classflow.com) for use exclusively by the specific school or district; and (iii) all the other related websites, products, services, and applications made available by Promethean (including any ClassFlow-related Apps which might be available via the iTunes Store and Google Play store).

This Acceptable Use Policy, together with the ClassFlow Cookies Policy, ClassFlow Terms of Service, and ClassFlow Privacy Policy, form a legally binding Contract between you and us (collectively referred to herein as the “Contract”). Please read them carefully before you start to use our Service. By using our Service, you indicate that you accept the ClassFlow Terms of Service, Acceptable Use Policy, Cookies Policy, and this Privacy Policy, and you agree to be bound by and abide by the terms of all of them. If you do not agree to these terms and policies, please do not use the Service. Any terms we use here without defining them shall have the definitions given to them in the Terms of Service. In the event of any inconsistency between the Terms of Service and the Privacy Policy, the Terms of Service shall take precedence.

“You” or “your” means a User of the Service. An “Individual User” as used in these Terms may be a teacher (or administrator), student or parent using the free ClassFlow Service. Where applicable, “you” or “your” also means a school or school district or other educational institution otherwise known as an “Enterprise User” using the ClassFlow for Schools Service, with whom the User is associated either as a student, teacher, or parent of a student and is authorized by the Enterprise User to use the Service (an “Authorized User”). The term “User(s)” as used herein will refer to all users of the Service: Individual Users, Authorized Users, and Enterprise Users.

1. PROHIBITED USES.

You may not use the Service:

1.1 For commercial/for-profit purposes without the express permission of Promethean.

1.2 In a manner that in any way breaches any applicable local, national or international law or regulation;

1.3 In a manner that in any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

1.4 In a manner that infringes or violates the intellectual property rights or any other rights of anyone else;

1.5 In a manner that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable or otherwise does not comply with our Content Standards (see below);

1.6 Such that your purpose is to harm or attempt to harm minors or vulnerable adults in any way;

1.7 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

1.8 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

1.9 Not to reproduce, duplicate, copy or re-sell any part of the Service in contravention of the provisions of the ClassFlow Terms of Service.

1.10 Not to access without authority, interfere with, damage or disrupt:

(a) any part of the Service;

(b) any equipment or network on which the Service is stored;

(d) any equipment or network or software owned or used by any third party.

1.11 Not to use an access code that you are not authorized to use. For example, if you are a student, this means you will not use any access code that was not directly given to you by your teacher.

1.12 To maintain the confidentiality of your ClassFlow User ID(s).

2. CONTENT STANDARDS.

2.1 These content standards apply to any and all material which you contribute to Our Site (Submissions), and to any interactive services associated with it.

2.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

2.3 Submissions must:

(a) Be accurate (where they state facts).

(b) Be genuinely held (where they state opinions).

2.4 Submissions must not:

(a) Contain any material which is defamatory of any person.

(b) Contain any material which is obscene, offensive, hateful or inflammatory.

(d) Promote violence.

(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(f) Infringe any copyright, database right or trade mark of any other person.

(g) Be likely to deceive any person.

(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

(i) Promote any illegal activity.

(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.

(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

(m) Give the impression that they emanate from Us, if this is not the case.

(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

3. TAKE DOWN; SUSPENSION; AND TERMINATION.

3.1 You acknowledge that we do not pre-screen Content that you post on the Service, but that we have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Service. If we determine, in our sole discretion, that you or another User have breached any part of this ClassFlow Acceptable Use Policy, or that any Content is inappropriate or otherwise objectionable, we may refuse to accept or we may remove any Content from the Service, without any liability to you or a third party. If you object to the publication of any material placed on the Service, please follow the instructions for Notice and Take Down in the ClassFlow Terms of Service.

3.2 If you believe that any Content on the Service infringes your copyright, you should notify Promethean of your claim in accordance with the Digital Millennium Copyright Act (“DMCA”) procedures as set forth in the ClassFlow Terms of Service.

3.3 Failure to comply with this Acceptable Use Policy constitutes a material breach of the ClassFlow Terms of Service upon which you are permitted to use the Service, and may result in our taking all or any of the following actions:

(a) Immediate, temporary or permanent withdrawal of your right to use the Service.

(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to the Service.

(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(e) Further legal action against you.

(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

(g) Disclosure of such information to your school/employer as we reasonably feel is appropriate.

3.4 We shall have no liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

4. WAIVER.

4.1 If We fail, at any time, to insist upon strict performance of any of your obligations under this Acceptable Use Policy or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this Acceptable Use Policy, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

4.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

4.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 of the ClassFlow Terms of Service.

5. CHANGES TO THIS ACCEPTABLE USE POLICY.

5.1 Our Service is constantly changing to keep up with the needs of our Users. With changes to our Service, we may also need to change the terms of this Acceptable Use Policy. If we make a material change to this Policy, we will do our best to tell you in advance by placing a notification on the ClassFlow.com site, or we might send you an email. Material changes to the ClassFlow Privacy Policy will be provided in advance as described in the Privacy Policy.

5.2 If you do not like the new terms as amended, you are free to reject them by no longer using the Service. If you use the Service in any way after a change to the terms is effective, then you are agreeing to the newly amended terms.

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