Terms of Use - IOS Users


Effective Date: September 26, 2017

Last Updated: November 30, 2017

BEFORE ACCESSING OR USING THE CharacterDaily MOBILE APP (“MOBILE APP”) OR THE CONTENT AVAILABLE ON OR THROUGH THE MOBILE APP, INCLUDING ANY TEXT, SOFTWARE, VIDEO FILES, APPLICATIONS, SPECIFICATIONS, IMAGES, AUDIO FILES, ARTICLES AND OTHER INFORMATION AND THE SELECTION AND ARRANGEMENT THEREOF (COLLECTIVELY, “CONTENT”), PLEASE CAREFULLY READ THESE TERMS OF USE, THE CharacterDaily MOBILE APP PRIVACY POLICY LOCATED AT WWW.CharacterDaily.COM/PRIVACY (“PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE, AND ANY OTHER TERMS AND POLICIES THAT ARE INCORPORATED HEREIN BY REFERENCE, INCLUDING ALL POLICIES, FAQS AND GUIDELINES PERTAINING TO THE MOBILE APP (COLLECTIVELY, “ADDITIONAL TERMS”). BY ACCESSING OR USING THE MOBILE APP YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS AND YOU CONSENT TO CharacterDaily’S COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND ANY ADDITIONAL TERMS AND CONSENT TO CharacterDaily’S COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE PRIVACY POLICY, YOU MUST IMMEDIATELY DELETE THE MOBILE APP FROM YOUR MOBILE DEVICE.

These Terms of Use are a legal agreement between you and CharacterDaily and apply to your access to and use of the mobile app. The mobile app is operated by CharacterDaily, LLC, or its respective subsidiaries, licensees and affiliated companies (collectively, “CharacterDaily") in Washington D.C., the fifty (50) United States of America, and the Commonwealth of Puerto Rico. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with CharacterDaily for other products and services.

Apple, Inc. (“Apple”) is not a party to these Terms of Use and CharacterDaily is solely responsible for the mobile app.

Please read the Privacy Policy carefully to understand how CharacterDaily collects, uses and discloses your personal information, how to update or change your personal information and how CharacterDaily communicates with you.

1. Modifications to These Terms of Use and the Privacy Policy

CharacterDaily reserves the right to modify all or any portion of these Terms of Use, the Privacy Policy and any Additional Terms at any time without notice to you and in its sole discretion. Any modifications will be effective immediately upon posting the modified versions to the mobile app, and you waive any right you may have to receive specific notice of such modifications. You can determine when these Terms of Use, the Privacy Policy and any Additional Terms were last modified by referring to the “Last Updated” notation at the top of each. Your continued access to and use of the mobile app and the content following any such modification confirms your acceptance of these Terms of Use, the Privacy Policy and any Additional Terms as modified; therefore, you should review these Terms of Use, the Privacy Policy and any Additional Terms frequently to understand the terms and conditions that apply to the mobile app. If you do not agree to these Terms of Use, the Privacy Policy and any Additional Terms as modified, you must immediately delete the mobile app from your mobile device.

2. Termination of these Terms of Use

If you breach these Terms of Use or engage in conduct that CharacterDaily, in its sole discretion, believes is in violation of any applicable law or is harmful to CharacterDaily or any other users of the mobile app, CharacterDaily may, without notice to you, terminate these Terms of Use. If CharacterDaily terminates these Terms of Use, you will no longer be authorized to access or use the mobile app, but you will remain subject to those sections of these Terms of Use that are meant to survive termination.

3. Modification, Suspension & Termination of the Mobile App

CharacterDaily reserves the right to modify, suspend, terminate, discontinue or cancel the mobile app, in whole or in part, at any time and in its sole discretion without notice to you.

4. License Grant

Subject to the Usage Rules set forth in Apple’s App Store Terms of Service, CharacterDaily grants you a limited, non-exclusive, non-transferable and revocable license to use the mobile app on an iOS product that you own or control.

5. Maintenance & Support

Maintenance and support services for the mobile app, if any, will be provided by CharacterDaily. Apple has no obligation whatsoever to furnish any such services for the mobile app.

6. Intellectual Property & permitted use

The mobile app and all trademarks, service marks, trade names and trade dress, whether registered or unregistered, that appear on the mobile app, or the content (collectively, “marks”) are the property of CharacterDaily and/or its licensors and are protected by copyright, patent, trademark and other intellectual property laws. You may only access and use the mobile app and the content in accordance with these Terms of Use or with CharacterDaily’s prior written consent. CharacterDaily grants you no other privileges or rights with respect to the mobile app or the marks and you must keep intact all patent, copyright, trademark and other proprietary notices on the mobile app and content. The content owned by CharacterDaily’s licensors or other third parties may be subject to additional restrictions.

The mobile app is intended for personal use only. Commercial use is prohibited.

You may display and, subject to any expressly stated restrictions or limitations relating to specific content, electronically copy, download and print hard copy portions of the content solely for your personal, non-commercial use. Any other use of the content, including the modification, reproduction, distribution, republication, display or transmission of the content, without CharacterDaily’s prior written consent is strictly prohibited.

CharacterDaily respects the intellectual property rights of others and requires that you do the same. When you access or use the mobile app or the content, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark or other intellectual property rights of any person or entity. Moreover, you may not (i) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of the content, (ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the mobile app or any business being conducted on the mobile app or (iii) transmit any materials that contain viruses or other harmful computer code or files such as Trojan Horses, worms or time bombs. CharacterDaily has the right to terminate your access to and use of the mobile app and the content if you engage in or are suspected of engaging in any of the foregoing prohibited activities.

In the event that any third party claims that the mobile app, or your possession and use of the mobile app, infringes that third party’s intellectual property rights, CharacterDaily, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Submissions

If you submit any suggestions, content or other materials, including any ideas, comments or the like, to CharacterDaily through the mobile app (collectively, “Submissions”), such Submissions will be treated as non-confidential and non-proprietary. Additionally, some Submissions may be deemed an ‘Education Record’ (as defined below). You retain all ownership rights you have in any Submissions. CharacterDaily does not claim any ownership rights in the User Submissions. However, in order to allow CharacterDaily to provide services through the mobile app, you hereby grant to CharacterDaily a non-exclusive, sublicensable, worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works from such Submissions as necessary to provide, improve and make the mobile app available to you and other users, including through any future media in which the mobile app may be distributed, (ii) use and disclose metrics and analytics regarding the Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iii) use any Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the CharacterDaily Privacy Policy.

Furthermore, by submitting Submissions, you are representing that you have the lawful right to make such Submissions to CharacterDaily and that CharacterDaily’s use, including creating derivative works from and distributing such Submissions, does not and will not infringe upon or violate any third party rights, including but not limited to intellectual property rights.

If you wish to request the removal of any of your Submissions from the mobile app, please send a written request to CharacterDaily at contact@characterdaily.com, identifying the Submission(s) in reasonable detail. CharacterDaily will remove your identified Submissions as soon as practicable, but only to the extent such removal will not have an adverse impact on the mobile app or any other users as determined by CharacterDaily.

8. Additional Terms by User Type

a) Students: if you are a student accessing the mobile app at the invitation of a teacher or other school official, the following terms apply to you.

(i) Only students who have been invited, or given access to the mobile app, by their teacher, school, or district may use the mobile app. You may not access or use the mobile app unless you are invited or given access to the mobile app by a teacher, school, or district who is authorized to give you access to the mobile app.

b) Teachers and school leaders: if you are a teacher, school leader, aide, or other similar personnel (“School Personnel”) accessing the mobile app on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:

(i) You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the mobile app in connection with your curriculum.

(ii) You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without consent and you understand that we will not let children under the age of 13 use certain features of the mobile app unless:

  1. You obtain parental consent in the situations where the child is not creating an account, but you as School Personnel allow the child to access certain features of CharacterDaily which may result in the collection of personal information from the child, such as through the Student Stories feature (“School Consent”). CharacterDaily will not provide full access or use of the mobile app to children under the age of 13 that you invite or allow access to the mobile app if we learn that School Personnel or the Institution has not obtained School Consent.

(iii) School Consent. You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that CharacterDaily is not responsible) for compliance with COPPA. This includes without limitation, limiting access to the mobile app to those student users from whom School Personnel has received valid consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating parental consent forms to the parents of potential student users, for confirming receipt of valid consent forms for each child before granting the student access to the mobile app, and for retaining such consent forms on file. If a parent user does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify CharacterDaily to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the mobile app.

(iv) Only School Personnel who are current employees of the Institution may use the mobile app on the Institution’s behalf. Upon termination of a teacher or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the mobile app claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify us immediately.

c) Parents: if you are a parent of a student that has been invited to create an account on the mobile app or is given access to the mobile app by School Personnel, then the following terms apply to you:

(i) If your child is under the age of 13, consent must be given in order for a student to use certain features of a CharacterDaily student account. This consent may be obtained either from 1) CharacterDaily if the student is setting up a student account; or 2) a student’s School Personnel if utilizing certain features of the Service without setting up an account (such as the Student Stories feature). If you are the parent or legal guardian of a child who has created an account with us and you did not receive an email seeking your consent, you can email us at contact@characterdaily.com to have that child’s account deleted. Please note, that if you as a parent provide an email to School Personnel when the school is obtaining School Consent, we may send an email asking you to verify your child’s account, but you will not receive any other emails unless you have opted in to email marketing or have separately created an account on our Service.

9. Compliance With Applicable Laws

You must comply with all laws that are applicable to your access to and use of the mobile app. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Certain information that may be provided to CharacterDaily by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information, provided to CharacterDaily by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student’s education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).

As School Personnel or an Institution providing Directory Information or any Education Record to CharacterDaily, you represent, warrant and covenant to CharacterDaily, as applicable, that your Institution has:

(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or

(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by CharacterDaily; or

(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with CharacterDaily, in each case, solely to enable CharacterDaily’s operation of the mobile app.

CharacterDaily will never share Education Records with third parties except (i) as directed by a CharacterDaily user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the mobile app, as stated in our Privacy Policy. Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using CharacterDaily is never used or disclosed for third party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit CharacterDaily from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviorally targeted advertising or (ii) to limit the ability of CharacterDaily to use student information or Educational Records for adaptive learning or customized student learning purposes.

CharacterDaily may use Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. CharacterDaily agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

10. No Warranty

If you are between the ages of thirteen (13) and eighteen (18), you may only access and use the mobile app and the content under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use and any Additional Terms and who consents to CharacterDaily’s collection, use and disclosure of your personal information as described in the Privacy Policy.

YOUR ACCESS TO AND USE OF THE MOBILE APP AND THE CONTENT IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CharacterDaily, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY OF NON-INFRINGEMENT.

Notwithstanding the foregoing, in the event the mobile app does not conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid for the mobile app, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be CharacterDaily’s sole responsibility.

11. Product claims

CharacterDaily, not Apple, is responsible for addressing any claims that you or any third party may have relating to the mobile app, including your possession or use thereof. These claims include (i) product liability claims, (ii) claims that the mobile app fails to conform to any applicable laws and (iii) claims arising under consumer protection legislation or similar legislation.

12. Limitation of Liability

Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, some of the exclusions or limitations set forth below may not apply to you.

CharacterDaily, its suppliers and their respective affiliates will not be liable to you for any indirect, incidental, special, consequential or exemplary damages , including damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if the party you are seeking damages against has been advised of the possibility of such damages), resulting from the use or inability to use the mobile app.

The aggregate liability of CharacterDaily, its suppliers and their respective affiliates for any and all claims in connection with the mobile app is limited to twenty u.s. dollars ($20). this damages limitation is a fundamental element of the basis of the bargain between you and CharacterDaily.

13. Indemnification

You shall indemnify, defend and hold harmless CharacterDaily, its suppliers and their respective affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use, any Submissions that you make, or your access to or use of the mobile app.

14. Notices And Procedures For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. CharacterDaily respects the intellectual property of others, and we ask our users and visitors to do the same. CharacterDaily will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, CharacterDaily will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CharacterDaily the following information. Please be advised that to be effective, the notification must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the mobile app;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit CharacterDaily to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to: contact@characterdaily.com.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CharacterDaily THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

15. Third-Party Websites And Social Media

The mobile app may contain links and widgets related to third-party websites and services, such as social media networks, with which CharacterDaily has no affiliation (“Third-Party Websites”). CharacterDaily does not endorse the Third-Party Websites or the quality or accuracy of the information presented on them. If you decide to visit the Third-Party Websites, you will be subject to their terms of use and privacy policies and not these Terms of Use or the Privacy Policy. CharacterDaily encourages you to carefully review the terms of use and privacy policies on all of the Third-Party Websites that you visit.

CharacterDaily may, now or in the future, incorporate certain functions that allow you to interact with the mobile app through your accounts on certain supported third party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant CharacterDaily permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third party terms.

16. Third-Party Beneficiaries

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and, on your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.

17. Third-Party Agreements

You must comply with any applicable third-party agreements when accessing or using the mobile app, including any agreement with your wireless carrier that may require you to pay additional charges if you access or use the mobile app. You are solely responsible for paying any such additional charges from your wireless carrier.

18. Governing Law

These Terms of Use and any action or claim arising out of or relating to these Terms of Use, your access to or use of the mobile app will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions. Any such action or claim must be commenced within one (1) year after the action or claim arises. Jurisdiction over and venue in any such action or claim will be in the state or federal courts located in the Eastern District of Pennsylvania. Notwithstanding the foregoing, as to intellectual property rights, CharacterDaily may file an action in any jurisdiction to protect or enforce its rights.

19. Waiver of class actions & Collective Relief

All actions or claims arising out of or relating to these Terms of Use or your access to or use of the mobile app must be resolved on an individual basis. You may not litigate any such actions or claims on a class action, joint or consolidated basis or on any bases involving claims brought in a purported representative capacity on behalf of the general public or other users of the mobile app.

20. Notices & Contacting CharacterDaily

CharacterDaily may provide notice to you hereunder by posting announcements on the mobile app.

If you have any questions, claims, comments or complaints with respect to the mobile app, please contact CharacterDaily at contact@characterdaily.com.

21. Miscellaneous

These Terms of Use constitute the entire agreement between you and CharacterDaily with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CharacterDaily with respect to such subject matter.

CharacterDaily’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law in any jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of that or any other provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.

CharacterDaily may assign these Terms of Use and its rights and obligations hereunder at any time without notice to you. You may not assign these Terms of Use or your rights or obligations hereunder without CharacterDaily’s prior written consent.