IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.

EDMODO TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY EDMODO, INC. ("COMPANY") (FORMERLY KNOWN AS FUSIONPROJECT, INC.). BY VISITING THE WEBSITES OR USING THE SERVICES OF THE COMPANY IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE ANY WEBSITES OR SERVICES. USE OF THE WEBSITES OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. FOR CLARITY, THIRD PARTY SOFTWARE MAY BE AVAILABLE VIA COMPANY WEBSITES OR SERVICES (“THIRD PARTY SOFTWARE”). SUCH THIRD PARTY SOFTWARE IS BEING PROVIDED BY SUCH THIRD PARTY AND NOT BY COMPANY, AND COMPANY HAS NO RESPONSIBILITY THEREFOR. IN ADDITION TO THE TERMS OF THIS AGREEMENT WITH RESPECT TO THIRD PARTY SOFTWARE, YOUR DOWNLOAD OR USE OF SUCH THIRD PARTY SOFTWARE SHALL BE GOVERNED BY THE TERMS OF ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY.

1. ACCESS TO THE SERVICES

The edmodo.com website and domain name and all other websites and domain names affiliated with Edmodo, and any other linked pages, features, content, or application services offered from time to time by Edmodo in connection therewith (collectively, the "Website") are owned or operated by Edmodo. Subject to the terms and conditions of this Agreement, Edmodo may provide certain services through the Website (the “Services”), as described more fully on the Website. You may only use the Services for your internal, non-commercial, educational use. The term "Services" shall include, without limitation, any service Edmodo performs for you and the content offered by Edmodo on the Website. Edmodo may change, suspend or discontinue all or any part of the Services at any time. Edmodo also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Edmodo 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 via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Website following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You represent and warrant to Edmodo that: (i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. 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.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. USE BY CHILDREN

Edmodo collects limited personal information from minor students, but only where that student's school, district, and/or teacher has contracted with Edmodo to collect personal information from students for the use and benefit of the learning environment. Edmodo requires schools, districts, and/or teachers to obtain parental consent from students' parents before collecting any such personal information. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Website, we will delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Website, or that a student's school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at info@edmodo.com.

3. ADDITIONAL TERMS

For information regarding Edmodo's treatment of personally identifiable information, please review Edmodo's current Privacy Policy at http://www.edmodo.com/corporate/privacy-policy/, which is hereby incorporated into this Agreement by reference.
If you are a student, the following terms also apply to you:
1. Remember, you must get your parent or guardian to read this Agreement before using the Website.
2. You will only register for and access the Services as a student registrant, and not as a teacher, school, district, parent, publisher, or any other category of user, whether offered by Edmodo now or in the future.
3. You will only access the Services using the access code given to you by your teacher. You may not use any access codes which you receive from other students or which you did not directly receive from your own teacher.
If you are accessing the Services on behalf of a school or district, the following terms also apply to you:
1. You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13. You must obtain advance written consent ("Consent") from all parents whose children will be accessing the Services. You are responsible for understanding how any Third Party Software that you install on behalf of yourself or other users may collect and use information of users of the Edmodo’s Services, and you must also obtain Consent from all parents whose children will be using any such Third Party Software that you install. When obtaining Consent, you must provide parents with a copy of our Privacy Policy (located at http://www.edmodo.com/corporate/privacy-policy). You must keep signed Consents on file and provide them to Edmodo upon our request. For more information on COPPA, please see www.ftc.gov/privacy.
2. You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify Edmodo immediately.
If you are accessing the Services as a teacher, the following terms also apply to you:
1. You represent and warrant that you have permission from your school and/or district to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school and/or district, and that you have authority to bind your school and/or district to the terms of this Agreement.
2. You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13. You must obtain Consent from all parents whose children will be accessing the Services. You are responsible for understanding how any Third Party Software that you install on behalf of yourself or other users may collect and use information of users of the Edmodo’s Services, and you must also obtain Consent from all parents whose children will be using any such Third Party Software that you install. When obtaining Consent, you must provide parents with a copy of our Privacy Policy (located at http://www.edmodo.com/corporate/privacy-policy). You must keep signed Consents on file and provide them to Edmodo upon our request. For more information on COPPA, please see www.ftc.gov/privacy.
If you are accessing the Services as a publisher, the following terms also apply to you:
1. Edmodo may allow you to create a “Publisher Page,” where you may post content about yourself. You understand that any content you post to this page will be considered User Submissions for the purposes of this Agreement.
2. You may develop applications for distribution in the Edmodo Store (the “Store”). Such applications will be considered Third Party Software for the purposes of this Agreement. Prior to submitting any Third Party Software for distribution through the Store, you must accept the Publisher Agreement (located here http://apps.edim.co/EdmodoPublisherAgreement.doc). The Publisher Agreement terms shall supplement, and not replace, the terms and conditions set forth in this Agreement. In the event of any conflict between the Publisher Agreement and this Agreement, the Publisher Agreement shall prevail.
If you are accessing the Services as a parent, the following terms also apply to you:
1. You will only use the parent code(s) provided to you by your child or children's teacher(s). You agree not to use any access code to access the account or information about anyone other than the child for whom the access code was provided.
2. You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted this Agreement on their behalf.

4. WEBSITE CONTENT

The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content")) are protected by copyright and other intellectual property laws. 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 of the respective owners, and (ii) in any way that violates any third party right.

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Edmodo or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without Edmodo's prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you and other users may provide information which may be used by Edmodo in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Edmodo or in connection with the Services (collectively, "User Submissions"), Edmodo hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to utilize and exercise all rights with respect to such User Submissions (including all related intellectual property rights) in connection with the Website, the Services, and Edmodo’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of all of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party website); however, Edmodo will only share your personally identifiable information in accordance with Edmodo's current privacy policy at http://www.edmodo.com/corporate/privacy-policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services (including without limitation any functions that limit other users’ ability to see the information in your Edmodo user profile) and under this Agreement. Furthermore, you understand that Edmodo retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you, subject to the terms of this Agreement. For clarity, the foregoing rights granted to Edmodo do not affect your ownership of or right to grant other non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing.

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 Edmodo will not be liable for any errors or omissions in any content. You understand that Edmodo cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Edmodo cannot guarantee the authenticity of any data which users 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. With respect to any particular Third Party Software, the licenses above in this paragraph are limited by any contrary terms of (a) the applicable Publisher Agreement entered by Edmodo and the third party publisher of such software and (b) the applicable End User License Agreement entered (via the Website) between the third party publisher of such software and the user of such Software.

Under no circumstances will Edmodo 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.

5. YOUR WARRANTY

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, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Edmodo 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 Edmodo is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Edmodo, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Edmodo and to grant Edmodo the rights to use such information in connection with the Services and as otherwise provided herein.

6. RESTRICTIONS

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 Edmodo user. 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 Maillist, 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 Website, 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" or "spider" any page of the Website 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 may not transfer your account to anyone without express prior written consent of Edmodo.

7. WARRANTY DISCLAIMER

Edmodo has no special relationship with or fiduciary duty to you. You acknowledge that Edmodo has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses 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 Edmodo 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. Edmodo makes no representations concerning any content contained in or accessed through the Services, and Edmodo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Edmodo makes no representations or warranties regarding suggestions or recommendations of services or products (including Third Party Software provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided "AS IS" without any warranty of any kind from Edmodo or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, 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.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. REGISTRATION AND SECURITY

As a condition to using Services, you may be required to register with Edmodo and select a password and user name ("Edmodo User ID"), or you may be permitted to register a school “subdomain” within the Website (“Edmodo Subdomain”). You shall provide Edmodo 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 and/or all accounts associated with your Edmodo Subdomain. You may not select or use as a Edmodo User ID a name of another person with the intent to impersonate that person or use as an Edmodo User ID a name subject to any rights of a person other than you without appropriate authorization, nor may you select or use an Edmodo Subdomain that you do not have the right and authorization to use. Edmodo reserves the right to refuse registration of or cancel an Edmodo User ID or Edmodo Subdomain in its discretion. You shall be responsible for maintaining the confidentiality of your password.

10. INDEMNITY

You will indemnify and hold Edmodo, 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.

11. FEES AND PAYMENT; EDMODO STORE CREDIT

Access to the basic Service is free, but you may be required to pay for certain special features or premium Content, including without limitation Third Party Software.
Purchasing Edmodo Store Credit
1. You may purchase credit for a particular school or district (a “Recipient”), which Recipient may redeem for Third Party Software available on the Edmodo Store (the “Store”) (such Edmodo Store credit, “Credit”). A Recipient of Credit must be a registered user of the Services. Credit is available in a variety of denominations.
2. When you purchase Credit, you will be asked to designate the Recipient. You may also indicate, if you would like, a nonbinding preference for Recipient to allot such Credit to a particular teacher employed by Recipient. While Edmodo will use reasonable efforts to note your preference to the Recipient, please be aware that the Recipient has ultimate control over which of its employees and contractors use any Credit and how it is used. For example, even if a Recipient allots Credit to a particular teacher who then changes schools or grade levels, a school might not transfer the Credit to the teacher’s new classroom (even if the new classroom is in the same school or in a different school in the same district, depending on the policies of the Recipient).
3. All amounts paid for Credit are non-refundable.
4. Notwithstanding anything else, if you are a teacher, you may purchase Credit for your own personal use on the Store ("Personal Credit"). Personal Credit will be controlled by you, and not by your school or district. Personal Credit will be stored in your Edmodo account, and may be redeemed at your discretion in accordance with the terms and conditions herein. For all other purposes of this Agreement, the term "Credit" shall include "Personal Credit."
Redeeming Credit
1. If you are a Recipient, or if you are a teacher with Personal Credit, you may redeem your Credit for Third Party Software through the Store. A Recipient may also allow the teachers that it employs and/or manages to redeem Credit on its behalf. All Credit redemptions are final, and no Credit will be returned to you after redemption, for any reason. You understand and agree that the Publisher determines how much Credit you must redeem in exchange for the Third Party Software that Publisher offers. Publisher many change those amounts at any time.
2. Third Party Software is offered by third party publishers (“Publishers”); though Edmodo will manage the Credit redemption process, Edmodo has no responsibility for Third Party Software. You will be required to agree to an end user license agreement with each Publisher from whom you receive Third Party Software, and such terms will govern the relationship between you and the Publisher.
3. If you are an individual, you understand that, except as otherwise expressly set forth in Section 11(b)(iv), any policies and restrictions regarding your use of Credits are determined in Recipient’s sole discretion. For example, if a Recipient has allotted Credit to you, it may reverse that allotment at its discretion.
4. Credit is a contractual right only; it is not cash or a cash equivalent and cannot be redeemed for cash or cash equivalents. An individual may not transfer Credit to another individual unless expressly allowed by the Recipient for whom the Credit was purchased, and then only in accordance with applicable law. Recipients may not transfer Credit to other Recipients.
5. If you have not redeemed Credit for a certain period of time after it was purchased, applicable law may require Edmodo to remit the amount paid for such Credit to the state in which the purchasing user or the Recipient was or is located. Accordingly, please be advised that you should use your Credit in a timely manner.

12. THIRD PARTY WEBSITES AND SERVICES

The Services may contain links or connections to third party websites or services that are not owned or controlled by Edmodo. When you access third party websites or use third party services (including, without limitation, your use of Third Party Software), you do so at your own risk. Edmodo encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Edmodo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Edmodo will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Third Party Software). By using the Services, you expressly relieve and hold harmless Edmodo from any and all liability arising from your use of any third party website or 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 (including without limitation Publishers). You agree that Edmodo 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 Edmodo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Edmodo, 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 and/or our service. 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."

13. TERMINATION

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at info@edmodo.com. Edmodo may suspend or terminate your access to the Services, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. 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, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. 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. Edmodo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Edmodo'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 sublicensable by you except with Edmodo's prior written consent. Edmodo may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California 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 Santa Clara County, California, using the English language in accordance with the 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 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 pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. 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. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. 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 Edmodo in any respect whatsoever.

15. COPYRIGHT DISPUTE POLICY

Edmodo has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). The address of Edmodo's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Edmodo's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Edmodo is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Edmodo's policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Edmodo will terminate such content provider's, member's or user's access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Edmodo is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Edmodo may send a copy of the counter-notice to the original complaining party informing that person that Edmodo may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Edmodo's discretion.

Please contact Edmodo's Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Crystal Hutter
60 East Third Avenue, Suite 390
San Mateo, CA 94401
Telephone: (650)963-5035
Email: copyright@edmodo.com

16. APPLE DEVICE AND APPLICATION TERMS

Both you and Edmodo acknowledge that this Agreement is concluded between you and Edmodo only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable 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;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
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;
You acknowledge and agree that Edmodo, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
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, Edmodo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
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;
Both you and Edmodo 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
Both you and Edmodo 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.

17. CONTACT

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@edmodo.com or (650)963-5035

Effective: March 27th, 2012