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TERMS


 

JOTTOPIA, LLC GENERAL TERMS OF SERVICE, PRIVATE POLICY AND ACCEPTABLE USE POLICY FOR JOTTOPIA.COM AND JOTTOLOGY.COM WEBSITES.

Note: For Details on SPECIFIC Educational TERMS OF SERVICE, PRIVATE POLICY AND ACCEPTABLE USE POLICY, please scroll down to our Jottology; Education section within this Terms section.


IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE JOTTOPIA.COM WEBSITE AND OUR SERVICES**

NOTE: FOR DETAILS ON SPECIFIC EDUCATIONAL TERMS OF SERVICE, PRIVATE POLICY AND ACCEPTABLE USE POLICY, PLEASE SCROLL DOWN TO OUR JOTTOLOGY; EDUCATION SECTION WITHIN THIS TERMS SECTION.

Jottopia/Jottor, LLC (the "Company") believes it is important for you as a subscriber and user and for all users to have a rewarding experience using the resources and materials on JOTTOPIA.COM and related services. The Company believes that technological innovations may sometimes frustrate users because user expectations often involve complexities that exceed the limits of technology. The Company continually strives to match expectations with technology in providing these services. The JOTTOPIA General Terms of Service and Acceptable Use Policy ( the "Agreement") are crafted to explain the legal relationship between you as a subscriber/user and JOTTOPIA. Please read it with care and if you do not understand anything, kindly send an email to the Company's Legal Department at: info@JOTTOPIA.com for an explanation before using JOTTOPIA.COM or any related services. By using JOTTOPIA.COM and any related services, you are bound by the terms of this Agreement set forth herein.

Terms of Service

These Terms of Service ("Terms") govern your access to, and usage of, the services and Jottopia’s websites (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites unless using Jottopia's private education/groups service. You should only provide Content that you are comfortable sharing with others under these Terms.

Tip: What you jot on JottoPIA may be viewed all around the world instantly. You are what you Jot!

You may use the Services only if you can form a binding contract with Jottopia and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Jottopia provides are always evolving and the form and nature of the Services that Jottopia provides may change from time to time without prior notice to you. In addition, Jottopia may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include marketing, which may be targeted to the Content or information on Jottopia products and Services', queries made through the Services, or other information. The types and extent of advertising by Jottopia on the Services are subject to change. In consideration for Jottopia granting you access to and use of the Services, you agree that Jottopia and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others in the future.

Access to Service

You have requested access to Jottopia's entertainment service and to be a subscriber and user under the terms and conditions of this Agreement. You have entered into this Agreement at your own risk. The Company may offer to provide certain services, which are described more fully on the website (the "Company Website"), and which are selected by you from time to time through the process provided on the Company Website (all things provided to you by JOTTOPIA.COM are collectively termed "Services"). The Services are accepted by you solely for your own use, and not for the use or benefit of any third party. Services shall include, but are not limited to, any services the Company performs for you, as well as the offering of any content on the Company Website. The Company may change, suspend or discontinue the Services or Company Website at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services or Company Website without notice or liability. The Company reserves the right, at its discretion, to modify this Agreement at any time without notice. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services and Company Website following such modification and notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

In order to obtain access to the Company Website and use the Services, you certify to JOTTOPIA.COM that you are an individual at least 18 years of age, or have the consent of your parent or legal guardian, or, if applicable, the consent of your teacher, school superintendent or school district supervisor. You hereby certify that you are not under any disability that could affect your legal standing to make a binding contract. This Agreement is void where prohibited by law, and the right to access the Company Website is revoked in such jurisdictions.
You certify that you are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Company Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services. You also agree and certify that you will comply with any laws or regulations that may apply to your use of the Services and the Company Website, including, without limitation, any laws requiring registration or filings with local, national and/or international authorities, and the payment of any applicable taxes or tariffs.

Use of Web

Company Website JOTTOPIA.COM services are provided by the Company for users of JOTTOPIA.COM and to provide an interactive, media-making tool, where both standard users or teachers and students of any kind have the opportunity to create stories and projects.
As a condition to your use of the JOTTOPIA.COM and its related services, you agree that you will not: (i) use JOTTOPIA.COM and its related services to infringe the intellectual property rights of others in any way; (ii) use JOTTOPIA.COM and its related services or make any attempt to penetrate, modify or manipulate the JOTTOPIA.COM and its related services or any of the Company's hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Company account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Company services; or (iii) reverse engineer any portion of JOTTOPIA.COM and its related services.

Copyrights

All content included on JOTTOPIA.COM and any related portions of the website, such as text (including, but not limited to, any forum or message board discussion), graphics, logos, button icons, images, audio clips, digital downloads, media maker tool, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on JOTTOPIA.COM is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on JOTTOPIA.COM is the property of the Company or its licensors, unless otherwise marked, and protected by United States and international copyright laws.

You are only authorized to visit, view and retain a single copy of pages of JOTTOPIA.COM solely for your own individual, noncommercial use, and that you will not duplicate, download, publish, modify or otherwise distribute any material on JOTTOPIA.COM for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by the Company. You may not use any portion of JOTTOPIA.COM in any other website, whether it be for commercial or non-commercial purposes, nor may you link to any portion of the website's internal content, or in any way circumvent JOTTOPIA.COM's secure network and/or access portal, through any technology now known or made known in the future.
We post legal notices and various credits on pages of JOTTOPIA.COM, which may not be removed even from your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Jottopia.com products and Services. The Company will also retain separate, equal intellectual property rights of ownership to any and all words, sentences, or paragraphs (referred to as “Story Openers/Starters” or "jots", collectively “Work”), photos, music, and any form of media not specified, contributed by you and any of Jottopia’s standard public users. By submitting, posting or displaying Content, mentioned above, on or through the Jottopia Services', you grant Jottopia a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).  

The Company retains sole intellectual property rights to entire collaborated stories, poems, songs, graphic novels, images or other projects contributed to by multiple users, whether or not completed on, Jottopia, the Site in their entirety.  

In the event the Author wishes to use any of his/her “Work” to create an original publication outside of the Company and content in such outside publication contains (blatant) similar ideas, concepts, story points or characters that Jottopia’s users contributed to separate from said user’ “Work”, users will be in breach of Company copywriter protection and could be pursued under the full content of the law.

Tip: This license is you authorizing Jottopia to make your content available to the rest of the worlD in MULTIPLE forms of media.

You agree that this license includes the right for Jottopia to make such Content available to other companies, organizations or individuals who partner with Jottopia for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Tip: JottoPIA has an evolving set of rules for how ecosystem partners can interact with your content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content. 

Such additional uses by Jottopia, or other companies, organizations or individuals who partner with Jottopia, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Products and Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Jottopia will not be responsible or liable for any use of your Content by Jottopia in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Jottopia gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Jottopia as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Jottopia, in the manner permitted by these Terms.

Accepting the Terms of Service

  1. You must agree to the Terms of Service in order to use the Products and Services. 
  2. You can accept the Terms by: 

i. clicking to accept or agree to the Terms of Service, OR by actually using the Services. In this case, you understand and agree that Jottopia.com will treat your use of the Services as acceptance of the Terms of Service from that point onwards.

2. In the event that you do not agree to the Terms of Service, or any changes or modifications thereto, you should not continue to access or use the Services provided.

Passwords

You are responsible for safeguarding the password that you use to access Jottopia Products and Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers) with your account. Jottopia cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Jottopia 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Trademarks

Trademarks owned by the Company, the Company logo, and all other trademarks, service marks, and trade names of the Company appearing on JOTTOPIA.COM are owned by the Company or its licensor(s). The Company's trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits the Company. All other trademarks, product or service names, brand names, company names and/or logos that may appear on JOTTOPIA.COM are the property of their respective owners. Any feedback, comments, or suggestions you may provide regarding Jottopia, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Prohibited Activities on the Company Website

It is a condition of your use of the JOTTOPIA.COM and its related services that you do not restrict or inhibit any other user from using and enjoying the Company services or any Company property or system, or use the Company Website or any of the services to: (i) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability; (ii) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; (iii) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (iv) violate or attempt to violate, the security of the Company services; or (v) assist or permit any persons in engaging in any of the activities described above.

Use of JOTTOpia.COM is subject to the Company Acceptable Use Policy as set forth below.

CONSEQUENCES OF UNACCEPTABLE USE We reserve the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Company Website or any of the Company services.
REGISTRATION AND SECURITY As a condition to using the Services provide by JOTTOPIA.COM, you may be required to register with JOTTOPIA.COM and select a password and username (a.k.a. log in name) ("JOTTOPIA.COM User ID") and may be subject to various security precautions designed for your protection and the integrity and privacy of the Services. You agree to and are required to comply with these security measures as they currently exist and as are later modified, including Reporting any Security incident pursuant to the reporting procedure on the Company Website and in this Agreement generally.
Subscriber shall provide JOTTOPIA.COM 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.

You may not: (i) select or use as an JOTTOPIA.COM User ID a name of another person with the intent to impersonate that person; (ii) use as an JOTTOPIA.COM User ID a name subject to any rights of a person other than you without appropriate authorization; or use as a JOTTOPIA.COM User ID a name subject to any rights of a copyright, trademark, service mark or similar mark of any person, business, company, organization, sole proprietor without appropriate authorization; or (iii) provide your User ID and/or password to another person for the purpose of accessing JOTTOPIA.COM without the express approval of JOTTOPIA.COM.

JOTTOPIA.COM reserves the right to refuse registration of, or cancel a JOTTOPIA.COM User ID in its sole discretion. You are responsible for maintaining the confidentiality of your JOTTOPIA.COM password and any activity or transaction entered into using your password will be deemed to have been entered into by you.

Information You Submit and Your Privacy

We use the e-mail address and other information you submit to us at our "CONTACT US" page and other pages we may add from time to time, to respond to your inquiries for information or requests for services. Our use of any Information you submit to us in order to use the services is subject to the terms and conditions of this Agreement. JOTTOPIA.COM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability.

When you fill forms online and use some areas of our Website and services, you agree to provide the Company current, complete, true and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If the Company suspects that such information is untrue, inaccurate, not current or incomplete, the Company may refuse you access to our services, and pursue any appropriate legal remedies.

As a means for making the Company Website more accommodating of your needs, the Company Website may contain links to third party sites which provide information and/or services that we think might be useful to you. When you follow links to any third party website, your use of such website will be subject to the terms and conditions posted on that website. The Company takes no responsibility and assumes no liability for any content posted by any third party or any third party Website. If you have any questions or suggestions about our Privacy Policy, please contact us at support@JOTTOPIA.com.
WARRANTY DISCLAIMER YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE COMPANY SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.

Liability Policy

LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPANY SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE COMPANY SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE COMPANY SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A LICENSEE DOING BUSINESS IN CALIFORNIA, USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542, WHICH STATES: "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."
INDEMNITY OF COMPANY You agree to indemnify and hold the Company harmless, and, at the Company's request, to defend the Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services.
APPLICABLE LAWS JOTTOPIA.COM is a California LLC and the substantive laws of the state of California will govern these disclaimers, terms, and conditions, without regard to any conflict of laws or provisions. The Company makes no representation that materials in the Company website or the Company services are appropriate or available for use in other locations or territories where their content or use is prohibited. Users accessing this Company Website from other locations are responsible for compliance with applicable local laws.

General

The Company may amend these Terms of Service or any other notices, policies, terms and conditions on JOTTOPIA.COM at any time by updating this posting or otherwise posting the changes to JOTTOPIA.COM. Accordingly, you should visit JOTTOPIA.COM from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at JOTTOPIA.COM or in conjunction with the Company's software or the Company services. No delay or failure to take action under such terms and conditions will constitute a waiver by the Company unless expressly waived in writing by a duly authorized officer of the Company.

Acceptable Use Policy

This Acceptable Use Policy specifies the actions prohibited by JOTTOPIA, LLC. ("Company") to users of the JOTTOPIA.COM (the "Company Website") and any related resources.
 

Illegal Use

The Company Website may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. The Company has the right to remove any materials that it deems in it sole and absolute discretion, as obscene or offensive.

Company Website and Network Security

Violations of Company Website or network security are prohibited, and may result in criminal and civil liability. The Company will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of Company Website or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the Company Website or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the Company Website or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Unauthorized removal, use or posting of any materials contained on the Company Website, or any material created on the Company Website, using any system, tool, or utility provided on the Company Website, whether such material was created in part by a user.

Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Usenet

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A COMPANY CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Modification of Terms of Service

A. JOTTOPIA and/or JOTTOPIA, LLC reserves the right to modify or revise these Terms of Service at any time in its sole discretion.

 Terms of Service last modified 12/10/16 

B. Any modification or revision to these Terms of Service shall be effective immediately upon being posted unless otherwise stated.

C. Your continued access or use of the Services following the posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications.

 


 

Jottology: Education 

Privacy Policy and Terms as related to Education & Schools


This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide to Jottopia Education (Jottology)., doing business as Jottopia LLC (“Jottopia”)/Jottor LLC. Please be sure to read this entire Privacy Policy before using or submitting information with Jottopia. This Policy applies if you’re using our mobile application, or if you’re visiting our web site at www.Jottopia.com (together, the “Jottopia Service”).

This Privacy Policy is incorporated into the Jottopia Terms of Use by this reference. In addition to reviewing our Privacy Policy, you should also read Jottopia Terms of Use. Your use of the Jottopia Service constitutes your agreement to the terms and conditions in this Privacy Policy. Whenever you submit information via this site or application, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

If required by applicable law in the jurisdiction where you are located or by agreement with us, we will not store or permit access to your personal information outside of the jurisdiction where you are located, except with your consent and then only to the extent permitted by that applicable law. Except as aforesaid, your personally identifiable information will be stored and processed in United States, in full compliance of the U.S. Family Educational Rights and Privacy Act (FERPA) and The California Online Privacy Protection Act of 2003 (OPPA).

What is Personal Information?


Personal information is information that is about an identifiable individual and includes information which specifically identifies an individual, such as a name, address, telephone number, email address, or other account number, and information about that individual’s activities when directly linked to that person, such as information about his or her use of the Jottopia Service. Personal information also includes demographic information, such as date of birth, gender, geographic location and preferences when such information is linked to other personal information that identifies you. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or users, from which individual user identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor the Jottopia Service.

Children’s Information


If you under the age of 18, you may only use the Jottopia Service and disclose information to us with your parent’s or guardian’s express consent. Please carefully review this Privacy Policy with your parent or guardian and make sure you understand it. We collect personal information through the Jottopia Service from a child or young adult under 18 where that student’s school, district, and/or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us for use with the Jottopia Service. If you are a child under 18, please do not send any personal information about yourself if such parental consent has not been obtained. Further, please do not send any personal information other than what is necessary to participate in the Jottopia Service.

In the event that Jottopia learns that it has collected personal information from a child under age 18 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 18 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that Jottopia might have any information from or about a child under 14 in violation of this paragraph, please contact Jottopia’s privacy officer at support@Jottopia.com.

How We Collect Information


We collect personal information in a number of ways when you visit the Jottopia Service. For example, we collect registration and account information from teachers, parents and students, which may include your name, user name, email address, phone number, profile picture, school affiliation and location. We also collection personal information when you (1) send an invitation, (2) ask others to collaborate on your classroom or (3) contact us by email or otherwise for any reason.

When you visit the Jottopia Service, some information is also automatically collected, such as your computer’s Internet Protocol (IP) address, your mobile device id, your computer’s operating system, the browser type, the address of a referring website, and the time and date of your visit and purchases. Some of this information may be automatically collected through the use of “cookies” which are discussed in more detail below. We also collect various types of “clickstream” information which is information about your browsing behavior, such as entry and exit points for the Jottopia Service, search terms, website addresses you visit, page views, and impressions. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. If you are under 18, we treat this information as personal information, whether or not it is combined with any other identifying information. Notwithstanding the above, we do not ask you for, access or track any geographic-location-based information from your mobile device at any time while downloading or using our mobile applications.

Cookies are small text files placed on your hard drive by a website when you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the Jottopia Service, the network knows who you are and can personalize your visit. In general, we use cookies to collect information so that we can complete transactions you have requested and improve and personalize the Jottopia Service experience by seeing which areas and features are most popular. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of the Jottopia Service available to the general public but you may not be able to use some of the network’s features or services, and you may have a less satisfactory experience.

How Jottopia Uses and Shares Information About You


We try to provide you with the information you need to make informed, reasonable choices with respect to how the Jottopia Service uses or shares your information. Jottopia uses and shares personal information from you in several ways:

(1) General Services. We will use information we have collected about you to provide the Jottopia Service, which requires sharing your personal information with other users. If you are a teacher, you will be able to collect, review, and edit information about the students in your classroom. Each student and his or her parent will only have access to view or submit information relative to that student. Students (and their parents) will not be able to view or otherwise access the personal information of other students. As part of our services, we may use your information to communicate with you about your account or transactions with us and send you information about features on our sites and applications or changes to our policies.

(2) Children’s Personal Information. We use children’s personal information for creating a student’s individual account (which will identify you within your classroom), customizing the Jottopia Service for you, and for sending you notifications via the Jottopia Service from your teacher, school, district, other students, and from Jottopia (regarding your use of the Jottopia Services). Please note that a student’s parent or guardian, as well as a student’s teacher and an administrator from his or her school and/or district, can view all activity and content associated with such student account, this does not including such child’s personal information.

(3) Aggregate Data. We may share aggregated and anonymized data (in a non-personally-identifiable format) with other students, parents, teachers, and school administrators so such individuals can look at statistical data related to students in a particular classroom, school, district, or geographic location. We may also share aggregated and anonymized information about you (in a non-personally-identifiable format) in order to customize and improve the Jottopia Services.

(4) Improve Our Services. We may use information we have collected about you to optimize or improve our products, services and operations. We may use information we have collected about you to detect, investigate and prevent activities that may violate our policies or be illegal.

Sharing of Your Information in Other Circumstances

In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Jottopia, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any proposed or actual merger, sale of company assets or acquisition.

Third Party Services


You may access other third party services, such as YouTube, and other social media websites (“Third Party Services”), through the Jottopia Service in order to follow our promotional social media pages and content  with those services, Some Third Party Services may also provide us with information from your accounts to enhance and personalize your use of the Jottopia Service.

Links to Other Websites


The Jottopia Service contains links to other websites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. Except as described above, we are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from the Jottopia Service to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Our Security Practices


Except as otherwise set forth in this Privacy Policy, our internal data security policies restrict access to customers’ personal information to authorized employees or contractors for Jottopia business purposes only. Our employees and contractors are bound by Jottopia policies that require them to maintain the confidentiality of our users’ personal information. Employees and contractors who violate these requirements are subject to disciplinary action, up to and including termination. We maintain physical, electronic, and procedural safeguards that are designed to guard our users’ personal information. While we encrypt all of your data transmissions through the Jottopia Service, please note that, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, no data transmission over the Internet even if encrypted can be 100% guaranteed to be private. Further, your account information is protected by a password for your privacy and security. It is up to you to protect against unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Control of Personal Information


We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information. If you are a parent or guardian of a student under the age of 18, you may contact us at any time to review your child’s personal information, direct us to delete it, or to prohibit any further collection or use of your child’s information. However, we will retain and use your or your child’s information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

To contact us directly regarding cancelling your account or correcting or removing other personal information, please email us at info@Jottopia.com.

Site Development


THE Jottopia SERVICE IS UNDER CONTINUOUS DEVELOPMENT AND TESTING. THE Jottopia SERVICE MAY CONTAIN BUGS AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE Jottopia SERVICE. ANY ISSUES OR ERRORS OF THIS NATURE MAY IMPACT OUR ABILITY TO COMPLY WITH THIS PRIVACY POLICY.

Your Comments or Concerns


We welcome your feedback. If you have any comments or concerns about this privacy policy or would like to contact us for any reason, you may reach us at info@Jottopia.com.

Data Changes


If you terminate your account or delete/change your data or content, we usually update our live databases immediately. However, some data may update more slowly or may be impossible to update and remove, and some old data may remain in our archives and records. If your account is being terminated or suspended, we may maintain some data to prevent re-registration.

Our Privacy Policy Will Change Over Time


Because we continue to develop the Jottopia Service and take advantage of technologies to improve the services we provide, our policies will change over time.  We will attempt to notify registered users of any material changes in the Privacy Policy by sending an email to the user’s registered email address and posting a notice on our website homepage and login page; it is your responsibility to check for updates to the Privacy Policy and any such update shall be effective even if you do not receive notice of such update. If you do not consent to the updated Privacy Policy, you can discontinue use of the Jottopia Service. Your continued access and use of the Jottopia Service will constitute your acceptance of any changes or revisions to our Privacy Policy.

Jottology is an unregistered trademark of Jottopia Education, Jottopia LLC/Jottor LLC.

Last updated: May 1, 2016

Terms of Service

Acceptance of Terms of Service


The following sets forth the agreement (this “Agreement”) between you and Jottopia Education (Jottopia LLC/Jottor LLC) doing business as Jottopia (with its affiliates, “Jottopia,” “we” or “us”) under which you may use Jottopia’s website located at www. Jottopia.com (the “Website”) and all linked pages owned and operated by Jottopia, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and Jottopia’s mobile application (the “Mobile Application”), and all other elements of the Jottopia service and other materials that are provided by or in connection with the Jottopia service (collectively, the “Jottopia Service”).

The term “you” refers to you whether you are a “Visitor” (which means that you simply browse the Jottopia Service), you are a “Teacher” (which means that you setup a classroom to assist you with classroom and student collaboration), a “School” (which means you are a school district or individual school that wants to facilitate its teachers creating classrooms and connecting with students), a “Student” (which means you have been invited by your Teacher to join the classroom to collaborate and work with other students), or you are a “Parent” (which means you are the parent or guardian of a Student in a classroom that is using Jottopia for it's students.).

Use of and membership in the Jottopia Service is void where prohibited. By using the Jottopia Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; (b) you agree to comply with this Agreement; (c) you acknowledge reading and agreeing to the terms of the Jottopia Privacy Policy (www.Jottopia.com/privacy); (d) all registration information you submit is truthful and accurate; (e) you will maintain the accuracy of such information; (f) your use of the Jottopia Service does not violate any applicable law or regulation; (g) your Jottopia account has not been suspended or disabled in the past. IF YOU ARE REPRESENTING AN ENTITY, BY USING THE Jottopia SERVICE, YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED TO LEGALLY BIND THE ENTITY TO THIS AGREEMENT.

You can review the most current version of this Agreement above.  The most current version will supersede all previous versions. By continuing to use the Jottopia Service after changes are made, you agree to be bound by such changes.

Description of Jottopia Service

Jottopia empowers teachers, and students to be partners in the education journey.

Teachers and students can collaborate on stories and writing and can capture, document and communicate what they are learning in a way that traditional WRITING can’t. The learning moments that are captured through storytelling and writing, can be shared in real-time. All of which is documented in a secure, individual digital portfolio for each student.

teachers now have a window into their student’s learning through Jottopia and can track the progress of collaborated storytelling and learning. Through their account, teachers can view and soon comment on their student’s digital writing – providing encouragement and support.

Through Jottopia, students are empowered to take greater ownership of their learning. They can log-in and view their digital portfolio, self-reflect on their work and work collaboratively with their teachers and peirs to achieve their learning and writing goals.

Eligibility


The Jottopia Service is available to Teachers, Parents and Student of any age or grade level. If you are not at least 18, you may use the Jottopia Service only in conjunction with, the approval and/or under the supervision of, your parent or guardian. We require that any Student that is under the age of 18 receive parental permission prior to using the Jottopia Service as described in more detail below. If you do not qualify, you may not use the Jottopia Service.

We recommend: that each Teacher and/or School must obtain written parental consent from a Student under the age of 18 prior to storing or sharing any information about that Student on the Jottopia Service or inviting the Student to access and use the Jottopia Service. In connection with obtaining such consent, each Teacher and/or School must also notify the Parent that the Jottopia Service will be collecting personal information from their child with a link to Jottopia’s privacy policy. Each Teacher and/or School must store such consent for as long as such Student’s information is included in the Jottopia Service or until the Student is 18 (whichever is earlier). Each Teacher and/or School shall indemnify and hold Jottopia harmless from any and all claims that arise from failure to obtain the proper parental consent.

Parents and Students may only use and access the Jottopia Service with permission of your school or school district. Your school or school district may impose additional policies regarding the use of the Jottopia Service, which you must comply with.

Provided that you otherwise fully comply with the terms and conditions of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Jottopia Service.

Restrictions


Except as expressly authorized herein, you agree to the following restrictions:

(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Jottopia Service except as expressly provided in this Agreement.

(b) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of  the Jottopia Service or create derivative works based on the Mobile Application or the Jottopia Service.

(c) You agree that you shall only use the Jottopia Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Jottopia Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

(d) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Jottopia Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Jottopia Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Jottopia Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Jottopia Service.

(e) You may only access the Jottopia Service for your own personal school-related purposes and not for commercial purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Jottopia Service for any other purpose.

We reserve the right to discontinue any aspect of the Service at any time.

Other Charges


In connection with your use of the Jottopia Service, you may be subject to charges imposed by your broadband, wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Electronic Communications


By using the Jottopia Service, you consent to receiving electronic communications and notices from Jottopia. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.

Ownership


You agree that use of the Jottopia Service does not constitute any basis for ownership of the Jottopia Service and that Jottopia, its affiliates or its licensors owns all legal right, title, and interest in and to the Jottopia Service and all information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of Jottopia on the Jottopia Service (specifically excluding any User Content (as defined below) (collectively, “Jottopia Content”). The Jottopia Service and all of the Jottopia Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws. We reserve all rights not expressly granted herein in and to the Jottopia Service and Jottopia Content. Unless otherwise noted, the Jottopia name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Jottopia Service are the property of Jottopia, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Jottopia Service shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Jottopia Service or any of the Jottopia Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Jottopia Service or Jottopia Content.

User Content


You are solely responsible for any content that you create, transmit, or display while using the Services.

The Jottopia Service may, now or in the future, permit the submission of user content including text, files, images, videos or other materials and content by you (“User Content”). Jottopia does not endorse or approve any User Content that you or other users contribute or post. Jottopia respects the intellectual property rights of others. You must have the legal right to upload any User Content to the Jottopia Service. You may not upload or post any User Content to the Jottopia Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.

By posting your User Content, you do not lose any ownership rights you may have to it unless otherwise agreed to and explained in these terms of service.  Jottopia may aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering such aggregated information to third parties in connection with operating, accessing and marketing the Jottopia Service. No personally identifying information will be available to third parties in such aggregated information.

You also grant each user of the Jottopia Service a non-exclusive license to access your User Content through the Jottopia Service and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the Jottopia Service (subject to the privacy restrictions in the Jottopia Service and any copyright notices you include in your User Content) and under this Agreement.

You agree that Jottopia may use your feedback, suggestions, or ideas in any way, including in future modifications of the Jottopia Service, other products or services, advertising or marketing materials. You grant Jottopia a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Jottopia in any way. Jottopia will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Public Content and Third Party Services


The Jottopia Service may, now or in the future, allow for users to use the Jottopia Service to host public forums or messaging boards for online discussion or message posting. These are public forums, and information that you post may be available to other members of the Jottopia Service.

The Jottopia Service may contain links to other third party websites, advertisements, or programs that are not controlled by or affiliated with Jottopia. Jottopia is not responsible for the content, offers or privacy policies of such third party sites and programs. Your dealings with third party sites are solely between you and the applicable third party.

Accounts; Passwords; Security


You will need an account in order to use the Jottopia Service as a Teacher, School, or Student. You may not use another person’s account without permission. When you are setting up your account, you must give us accurate and complete information and you will be asked to provide a password and/or personal. You are responsible for your account information and password. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR Jottopia ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

Notice and Take Down Procedures and Copyright Agent


If you believe any materials accessible on or from the Jottopia Service infringe your copyright, you may request removal of those materials (or access thereto) from the Jottopia Services by contacting Jottopia at the following email: support@Jottopia.com and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

Disclaimers; No Warranties


THE Jottopia SERVICE AND ANY THIRD-PARTY MEDIA, SOFTWARE, SERVICES, MATERIALS OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Jottopia SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Jottopia AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Jottopia AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Jottopia SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE Jottopia SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Jottopia, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Jottopia SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER Jottopia NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MATERIALS, OR OTHER DATA THROUGH THE USE OF THE Jottopia SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless; Release


You agree to indemnify, hold harmless and release Jottopia, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Jottopia Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Jottopia Service. Jottopia reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability and Damages


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Jottopia OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE Jottopia SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF Jottopia OR A Jottopia AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL Jottopia OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE Jottopia SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Jottopia SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Jottopia’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Jottopia, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN Jottopia AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE Jottopia SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE Jottopia SERVICE.

FERPA


Please be aware that the Jottopia Service and all User Content may be subject to the UFamily Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy interests of students in their education records. It generally prohibits the disclosure of a student’s personally identifiable information from education records without the consent of the parent or eligible student. An eligible student is one who reaches the age of 18 years old and/or attends a postsecondary educational institution, in which case the rights of the parent transfer to the student. Generally, FERPA also gives Parents or eligible students the right to inspect and review the student’s education records, request that a school correct records which they believe to be inaccurate or misleading, consent (or withhold consent) to a school releasing any information from a student’s education record absent certain circumstances. A more detailed overview of FERPA can be found at the website for the U.S. Department of Education at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Mobile Application Provider


In the event you are using the Jottopia Services in connection with a mobile device and an application (an “Application”) accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each an “Application Provider”). You acknowledge and agree that:

1. This Agreement is concluded between you and Jottopia, and not with the Application Provider, and Jottopia (not the Application Provider), is solely responsible for the Application.

2. The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.

3. In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jottopia.

4. The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Jottopia will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

6. The Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.

7. You must also comply with all applicable third party terms of service when using the Application.

Governing Law

Any such use of a future or current Mobile Application and/or the Jottopia Service, and any materials contained therein, may not be lawful by certain persons or in certain territories. You are responsible for compliance with the laws of whatever jurisdiction you are in at the time.

Waiver

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability


If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment


We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Right to Terminate


Your rights under this Agreement will automatically terminate without notice from Jottopia if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Jottopia Service and Jottopia may immediately restrict your access to the Jottopia Service.

Headings


The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement


This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Jottopia as set forth above.

Terms of Use

Prohibited Content


Any content displayed and/or processed utilizing the System shall not contain any of the following:

content that infringes a third party’s rights (e.g., copyright) according to applicable law;
pornographic content;
excessively profane content;
hate-related or violent content directed at other users;
content advocating racial or ethnic intolerance;
content intended to advocate or advance computer hacking or cracking;
content related to or enabling Gambling;
content relating to other illegal activity, including without limitation illegal export of controlled substances or illegal software or drug paraphernalia;
phishing;
malicious content; or
other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Prohibited Actions


In addition to and/or as examples of the violations described in the Terms of Service as posted on the Website from time to time, users may not and may not allow any third party, including Authorized Users of Jottopia, to:

Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content through or using the System;
Use the System to conduct or forward pyramid schemes and the like;
Transmit content using the System that may be harmful to minors;
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent Client or the source of any email;
Transmit another party’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
Use the System to violate the legal rights (such as rights of privacy and publicity) of others;
Promote or encourage illegal activity;
Interfere with other users’ enjoyment of the System;
Sell, trade, resell or otherwise exploit the System for any unauthorized commercial purpose;
Modify, adapt, translate, or reverse engineer any portion of the System;
Remove any copyright, trademark or other proprietary rights notices contained in or on the System;
Reformat or frame any portion of the web pages that are part of the System ‘s administration display;
Use the System in connection with illegal peer-to-peer file sharing;
Display any content on or through the System that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
Modify the Jottopia logo or any other Jottopia marks; or
Use the System, or any interfaces provided in connection therewith, to access any Jottopia products or services in a manner that violates the Agreement or other terms and conditions for use of such Jottopia products or services.

Contact

Jottopia is located in Costa Mesa, California - United States
Contact us by email: info@jottopia.com

Jottology is an unregistered trademark of Jottopia, LLC/Jottor LLC.

Effective Date: May 1, 2015