Last updated: May 16th 2022
Thank you for your interest in using moozoom’s Services. This agreement contains both terms that apply to you as a general user of the Services, as well as terms that may apply to you as a specific type of user of the Services, including Teacher, District or School Employee, Parent, or Student.
By using our Services, you represent and warrant to moozoom that:
- You are an individual and not a corporation;
- You are at least 18 years of age or, if you are not at least 18 years of age, your parent or legal guardian has reviewed and agreed to this Agreement on your behalf;
- You are either a Teacher in a classroom setting, a District or School Employee, a Parent (or legal guardian) who wishes to use the Services, or a Student who wishes to use the Services;
- All registration information you submit is accurate and truthful;
- You will maintain the accuracy of such information;
- 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 you take full responsibility for the selection, 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.
1.1 “Annual Subscription Plan" shall mean any of the annual subscription plan or annual subscription proposal to which you have subscribed to for such number of Student Licenses, and pursuant to which you are granted access to the Services;
1.2 "Consent" shall mean advance written consent from all parents whose children will be accessing the Services;
1.3 "Content" shall mean all videos, activities and lessons displayed or performed as part of the Services, including but not limited to Students Submissions, text, graphics, articles, photographs, images, videos, animations, illustrations, voice over and music;
1.4 "COPPA" shall have the meaning ascribed to it in paragraph 4.1.3;
1.5 “Initial Subscription Period” shall mean the initial period (of such number of months) during which you will have access to the Services from the date you subscribed to the Annual Subscription Plan for the first time.
1.6 "Licensed Class" shall mean one or many Students grouped granted access to the Content under one User’s profile.
1.7 "Parent(s)" shall be defined as:
- the lawful and natural father or mother of a minor,
- the lawfully adoptive father or mother of a minor, or
- the legal guardian of a minor.
who is student in a Licensed Class;
1.8 "Paid Content" shall mean the Content accessible with an Annual Subscription Plan;
1.9 "Payment Method" shall mean the payment method selected by the User upon initiating this Agreement, and may be changed at any point thereafter, but must be one of the methods currently offered by moozoom in its sign-up process, which may change from time to time;
1.11 “Renewal Subscription Period” shall mean the twelve (12) months period during which you will have access to the Services if your Annual Subscription Plan is renewed pursuant to provisions of Section 11 herein;
1.12 "School" shall mean the school or any other institution regrouping one or many Users;
1.13 "Services" shall mean the Website and domain name, all other websites and domain names affiliated with moozoom and any other linked pages, features, content or application services offered from time to time by moozoom, and shall include, without limitation, any service moozoom performs for you and the Content offered by moozoom on the Website, via a iOS app, a Android app or any other platform, as the case maybe;
1.14 " SEL " shall mean social and emotional learning;
1.15 " Students " shall mean any person under 18 years old registered in a Licensed Class;
1.16 "Student License" shall mean the non-transferrable and non-refundable license purchased by a School pursuant to which a single named Student is providing full access to the Content during the Subscription Period.
1.17 "Students Submissions" shall mean any information provided by Students in connection with the Services, and accessible to Users, such as answers given during activities or interactive choices made during the videos;
1.18 “Subscription Period” shall mean the Initial Subscription period or the Renewal Period, as the case may be.
1.19 " User " shall mean a teacher, an educator, a counsellor, a school, a school board or any other person holding an moozoom user account;
1.20 " User ID" shall mean the password and user name for the use of the Services selected by the User;
1.21 "User License" shall mean the non-transferrable license granted to a User and pursuant to which he has full access to the Content during the Subscription Period.
1.22 " Validation Code" shall mean the code remitted to a User and granting access to Paid Content for the duration of an Annual Subscription Plan;
1.23 "Website" shall mean the moozoom.com website and any related websites and apps including the iOS app and Android app.
2. Ownership of and Access to the Services
2.1 The Services are owned and operated by moozoom.
2.2 moozoom may change, suspend or discontinue all or any part of the Services at any time, may impose limits on certain features and services, or restrict your access to parts or all of the Services without notice or liability.
2.3 moozoom reserves the right, in its sole discretion, to modify this Agreement at any time by sending you a notice in advance via email, as outlined in the Privacy Policies. 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.
2.4 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, projection equipment, internet access and telephone service, and shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2.5 User ID and password must be kept confidential at all time. It is your responsibility to ensure that Users are not sharing User ID and Password to anyone. As well, you agree not to issue Student or parent access in an insecure manner.
3. Scope of License
3.1 You are authorized under this Agreement to use the Services for Licensed Classes only.
4. Your Role
4.1 Role as User:
4.1.1 You acknowledge that as a User you will be responsible for granting access to the Services to the students in a Licensed Class. You agree that access to the Services will not be granted outside yourself, the students in the Licensed Class, their Parents and the administration of the school you are employed by (if applicable).
4.1.3 All Student Submissions must comply with the requirements of all applicable privacy and security laws, including, but not limited to, COPPA, Family Educational Rights and Privacy Act (FERPA), and applicable State laws in the United States; applicable Provincial and Territorial laws in Canada; and the General Data Protection Regulation in the European Union.
4.1.4 You hereby grant to moozoom a non-exclusive, royalty free, perpetual, and revocable right to use Student Submission(s) within the Services in respect of our Privacy Policies.
4.1.5 As a User, you are responsible to monitor and manage all Student’s Submissions. moozoom does not monitor or manage Student’s Submissions and is not responsible in any way to react to any information that Student’s Submissions may contain.
4.1.6 As a User, you may be granted, by your school administrator, a multi-class access allowing other Users to access your Licensed class and your Students account, or allowing you to access other Users Licensed class and their students account. You agree not to share any of the information of the other Licensed class with anyone that was not expressly given access to this Licensed class.
4.1.7 As a User, sensitive information may be shared with you by Students in connection with one or many of the activities. Therefore:
a) It will be your sole responsibility, at the complete discharge of moozoom, to diligently access Student’s Submissions and read the information it may contain, and as required, consult a school administrator and to take appropriate measures, such as informing the parents and/or refer the student to another member of staff (psychologist or special education teacher).
b) You agree to be solely responsible for any damage or loss to any party resulting from one of your Licensed class student’s emotional distress or more generally your Students reactions using moozoom’s platform. Under no circumstances will moozoom be liable in any way for any damage or loss of any kind incurred in connection with use of or exposure to any Content made available via the Services, including, but not limited to, any errors or omissions in any Content, and emotional distress resulting from Students accessing to the Content.
4.1.8 moozoom offers to Students and Users the opportunity to access the Content with the purpose of helping Students develop SEL skills. You agree that your Students’ SEL skills development will depend on multiples factors, such as each Student cognitive capacities, your capacity to implement SEL in your Licensed Class on a regular basis, and repetitive occasions for Students to integrate learnings in their everyday lives. You, not moozoom, will be solely responsible for your Students’ SEL skills development efficiency via our Services.
4.1.9 All or part of the moozoom Content may not be suitable for children under 6 years old, children affected by a mental disorder or by a particular emotional challenge. It is your sole responsibility to monitor for each of your Licensed Classes the cognitive and/or mental health capacity or other limitation of each of your Students prior to use the Content.
4.1.10 You shall defend, indemnify and hold moozoom, its parents, subsidiaries, affiliates, officers and employees harmless against any and all damages, losses, fines, costs, expenses (including attorneys’ fees), claims and liabilities, asserted at any time, arising out of the use of our Services and access to the Content by your Students.
4.1.11 You acknowledge that you are responsible for the security of your User ID and agree to keep these confidential.
4.2 Role as User acting on behalf of your School:
4.2.1 If as a User you are subscribing to any Annual Subscription Plan, you declare having all necessary power and authorization to act on behalf of your School and have your School to be bound by all of the terms and conditions provided in this Agreement.
4.2.2 You will ensure that every Users and Students will use the Services in full compliance with this Agreement.
5. Notice to Users in the United States Regarding COPPA and Parental Consent
5.1 Under the United States’ Children’s Online Privacy Protection Act (COPPA), online service providers such as moozoom must provide parental notification and obtain verifiable parental consent before collecting personal information from children under the age of 13, except in limited situations (for exceptions to this consent requirement, please click here . Except as expressly set forth in Section 5.2 below and in our Privacy Policies, moozoom does not knowingly collect such personally identifiable information from a child under the age of 13.
5.4 You acknowledge that moozoom is not required to obtain consent directly from Parents under COPPA, and that moozoom can presume that your authorization for the collection of Students’ personal information is based upon you having obtained the Parents’ consent
6.1 For information regarding moozoom’s treatment of personally identifiable information, please review our Privacy Policies, which are hereby incorporated into this Agreement by reference.
6.2 You and moozoom agree to comply with the requirements of all applicable privacy and security laws, including, but not limited to, COPPA, Family Educational Rights and Privacy Act (FERPA), and applicable State laws in the United States; applicable Provincial and Territorial laws in Canada; and the General Data Protection Regulation in the European Union.
6.3 You acknowledge and agree that, to the extent necessary to provide the Services and fulfill its duties as outlined in this Agreement, moozoom may receive, collect, and process student Education Records and/or Personally Identifiable Information as a School Official with a legitimate educational interest under FERPA. moozoom acknowledges and agrees that ownership of such records and/or information will remain with the school, Parent, and/or Student, as applicable.
6.4 For information regarding moozoom’s treatment of Personal Information / Personally Identifiable Information and other user data, please review our Privacy Policies.
7. Website Content & User Submissions Website Content
7.1 The Website and Content are intended solely for the educational use of Website and may only be used in accordance with the terms of this Agreement. Content is protected by copyright and other intellectual property laws.
7.2 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.
7.3 The Website is protected by copyright as a collective work and/or compilation under copyright laws and international conventions. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 7), 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.
7.4 You may download or copy the Content (and other items displayed on the Website for download) for use within the Licensed Class only or for personal home-use only, provided that you maintain all copyright and other notices contained in such Content, but shall not store any significant portion of any Content in any form. Copying or storing of any Content other than for the purposes licensed by this document is expressly prohibited without prior written permission from moozoom or from the copyright holder identified in such Content's copyright notice.
8.1 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.
8.2 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 User.
8.3 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.
8.4 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.
8.5 You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
8.6 You may not transfer your account or share User Id to anyone without express prior written consent of moozoom.
8.7 You acknowledge and undertake not to, at any time, use your User License for the purpose of granting Content access to a Student that does not hold a valid Student License.
9. Warranty Disclaimer
9.1 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. Under no circumstances will moozoom 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.
9.2 moozoom has no special relationship with or fiduciary duty to you. You acknowledge that moozoom has no control over, and no duty to take any action regarding: which Users or Students gain access to the Services; what Content you or Students access via the Services; what effects the Content may have on you or Students; how you or students may interpret or use the Content; or what actions you or Students may take as a result of having been exposed to the Content.
9.3 You declare that you have had the necessary explanations and the opportunity to consult the various functionalities of the Services and Website and that these are to your complete satisfaction. moozoom and its suppliers expressly disclaim all guarantees of non-infringement, commercial value, fitness for a particular use, whether express, implied or legal. In addition, moozoom will not be responsible for delays, interruptions, service faults and other problems inherent in the use of the Internet and electronic communications or other systems beyond its reasonable control. moozoom makes no representations and offers no warranty that: (a) use of the products will be safe, prompt, uninterrupted or error-free; (b) the Services operates in combination with other hardware, software, systems or Data; (c) the Services meets your requirements or expectations; (d) all Data recorded will be accurate and reliable or that Data recorded is not lost or corrupted; (e) errors or defects will be corrected (except to the extent that moozoom is notified of the error or defect, then being an obligation to take reasonable means to correct it) or (f) the Services and how it works will have no negative effect on your systems. Without limiting the generality of the foregoing, you acknowledge that the Services is a learning tool and that moozoom has made no representation as to the benefits that its use could have on Students. Finally, you also acknowledge that some of the Content may be under development from time to time, and that we could deploy on the Website for testing purposes, could prove to be unusable or incomplete, which is why you exonerate moozoom from all liability.
9.4 Except in the event of gross negligence, under no circumstances will moozoom and/or its suppliers be held responsible for any loss of use, data or inaccurate data, failure of security mechanisms, interruption of services, delay in the services rendered, nor any indirect, punitive, special or incidental damages of any kind (including loss of profits) in relation with the Content and the Services, even if moozoom has been informed of the possibility of such damages in advance. Notwithstanding any other provision to the contrary contained herein, moozoom's overall liability to you is twenty Canadian dollars ($ 20) for free use of the Services, and is limited to the amount of your Annual Subscription Plan paid in the twelve (12) months preceding immediately the claim in all other cases.
9.5 The Services, Content, 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.
9.6 You release moozoom from all liability for you having acquired or not acquired Content through the Services.
10.1 As a condition to using the Services, you will be required to register with moozoom and select a User ID. You shall provide moozoom 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.
10.2 You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization.
10.3 moozoom reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
10.4 moozoom reserves the right to change its price list for certain Services and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Notwithstanding the proceeding, a price change would not affect the price of your current Annual Subscription.
11. Payment and Automated Renewal
11.1 Pre-payment is made in advance for a full Subscription Period when purchasing an Annual Subscription Plan. When making your initial payment, you authorize moozoom to charge your Payment Method with the annual license fee pursuant your Annual Subscription Plan. You acknowledge that the amount billed each year may vary for reasons such as price change, promotional offers, referral rewards, number of Student Licenses and/or changing your Annual Subscription Plan, and you therefore authorize us to charge your Payment Method for such amounts, which may be billed in one or more charges
11.2 Your Annual Subscription Plan will renew automatically at the end of the Subscription Period, as the case maybe, for an additional Renewal Subscription Period, unless prior terminated as per the term of this Agreement. You will be notified by email 90 days before the expiration of the Subscription Period. If you wish not to renew your Annual Subscription Plan, you shall send a written non-renewal notification at email address email@example.com. You agree that by cancelling your subscription, you will lose access to all of the Content that was subject to that subscription.
11.3 Your Annual Subscription Plan renewal will be billed for the price (price per student x number of Student Licenses) provided in the 90 days renewal notice to be sent before the expiration of the Subscription Period.
11.4 moozoom will automatically bill your Payment Method on the first day of the applicable Renewal Subscription Period, unless you ask us to bill you at a prior date. moozoom reserves the right to change the timing of this billing, in particular, as indicated below, if your Payment Method has not successfully settled.
11.5 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Services through the end of your prepayment period as identified in your Annual Subscription Plan. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
11.6 moozoom reserves the right to cancel this Agreement, or to change your Services from a paid subscription to a free Subscription at any time that the payment is for any reason overdue by 15 days or more
11.7 Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Furthermore, should you access moozoom from a mobile device or via the internet you may be subject to data usage charges. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless and/or internet carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
12. Third Party Websites
12.2 moozoom 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. In addition, moozoom will not and cannot monitor, verify, censor or edit the content of any third party site.
12.3 By using the Services, you expressly relieve and hold harmless moozoom from any and all liability arising from your use of any third party website. 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. You agree that moozoom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
12.4 If there is a dispute between Users and any third party, you understand and agree that moozoom is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release moozoom, 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.
13.1 This Agreement shall remain in full force and effect for as long as you continue to use moozoom with the User Id used to create this account. The Agreement shall be considered terminated should it be cancelled by moozoom under the terms of this Agreement, or if you ask us to terminate it by sending an email to firstname.lastname@example.org;
13.2 It is understood that the termination of the Agreement may automatically trigger the termination of the Student License for those students in the Licensed Class.
13.3 moozoom may suspend or terminate your access to the Services 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 account. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. moozoom is not under any obligation to provide access to User Submissions after the termination of this Agreement.
13.4 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.
13.5 In the event of termination of this Agreement by moozoom, moozoom shall not be held liable for any damages in excess of the fee you have paid to use the Services.
13.6 The early termination or expiration of this Agreement shall not operate to limit any rights or remedies available to moozoom that accrued prior to termination or expiration hereof.
14. Governing Law
14.1 This Agreement shall be construed in accordance with and governed by the laws of the Province of Quebec and the laws of Canada applicable herein, without regard to conflict of law rules which would cause the laws of any other jurisdiction to apply. Any and all disputes, claims, and questions regarding the interpretation, performance and enforceability of this Agreement, and the rights and remedies of the parties hereunder, and any action or judicial proceeding related thereto shall be initiated and prosecuted exclusively in the Province of Quebec. The parties agree to submit and hereby irrevocably attorn to the exclusive jurisdiction of such court.
15. General Provisions
15.1 moozoom shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond moozoom's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
15.2 If a provision of this Agreement is held invalid or unenforceable, any other provision contained herein shall be separately valid and enforceable to the fullest extent permitted by law.
15.3 No negligence or waiver by either party to exercise a right shall be deemed to be or construed as a waiver by either party of its rights.
15.4 You shall not assign, transfer or sublicense this Agreement except with moozoom’s prior written consent.
15.5 moozoom may assign, transfer or delegate this Agreement and moozoom’s rights and obligations without your consent.
15.6 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, subject to Section 2.3, all modifications must be in a writing signed by both parties, except as otherwise provided herein.
15.7 This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties.
15.8 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 moozoom in any respect whatsoever.