Effective Date: September 26, 2017
Last Updated: November 30, 2017
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.
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.
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.
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.
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 firstname.lastname@example.org, 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.
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:
(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 email@example.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.
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 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.
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.
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.
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.
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:
Notices of claimed copyright infringement should be directed to: firstname.lastname@example.org.
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.
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.
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.
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 email@example.com.