TERMS OF SERVICE
Welcome! We are excited that you are taking advantage of the services offered by CatchOn. The CatchOn Service is provided by CatchOn, Inc. This document outlines the terms and conditions regarding your use of our service. You should read and understand them, as they govern your use of our Service.
The terms “Company”, “we”, “us” “our” and similar terms refer to CatchOn, Inc. The term “Users” refers to educators, technology companies and other stakeholders in the educational field available through our Service and the CatchOn Platform. The terms “you,” “your,” “User” and similar terms refer to end users of our Platform and Services. The term “Site,” “Services,” or “Platform” refer to www.GetCatchon.com and derivatives of this URL as provided to our Users at www.GetCatchOn.com and any extensions, software or add-ons provided by us for use with the Platform or such other website(s) or mobile applications designated by us. “Terms” or “Agreement” refers to these Terms of Service, as may be amended from time to time by us. “Partners” refers to our third party corporate and Partners who may make information available to our users for review, evaluation and/or purchase. Other capitalized terms may be defined below in these Terms.
Acceptance of Terms of Service
The Platform is intended only for users aged 13 and over. By registering for or using the Platform, you warrant that you are at least 13 years old.
Use of Service by Customer
Customers may purchase a license or subscription to use the Platform for use within their specific organization only. Customer acknowledges and agrees that access to the Platform will be limited to the specified Customer. Customer will not make available the Platform to anyone outside of the Customer without CatchOn’s prior consent. Customer further agrees that it will use its reasonable efforts to educate its Users about proper use of the Platform and that we have the right to suspend or prohibit access to the Platform by any User in violation of these Terms. A Customer’s subscription may have restrictions on the number of authorized users, number and nature of reports and similar terms, all of which will be set forth in the Customer’s contract.
Use of Service by Partners
Partners may purchase a license or subscription to access and use the Platform to obtain data and reports concerning the use of their product(s). Partners may also be permitted to associate themselves with portions of the Platform pertaining to their products. Partners acknowledge that CatchOn reserves the right in its reasonable discretion to incorporate or reject any proposed changes to Partner’s information on the Platform. The Platform may also be used to enable Partners to interact with Users, including without limitation, who provide reviews and to enable Partners to respond to requests for information from Customers. Partners and Customers acknowledge and agree that any information submitted by a Partner by and through the Platform to a Customer in response is the exclusive responsibility of the Partner, and Company shall have no liability for any false information, misleading statements, misrepresentations or other inaccuracies. Customers and Users are solely responsible for any purchasing decisions made in response to information provided through the Platform.
By using the Platform, Partners expressly agree and acknowledge that Company may use the trademarks, service marks and logos of the Partner for the limited purpose of providing information concerning the offering of the Partner and to facilitate the Partner’s interaction with Customers and other users through the Platform. Moreover, Partners acknowledge and understand that the Platform collects data and information concerning applications, apps, websites and other online services from multiple locations and sources and that the compilation of this information belongs to exclusively to Company. A Partner’s use of the Platform does not give it any right or license to access, review, use, or revise any of the compiled information.
Use of The Platform
Registration. In order to use the Platform as a User, you will need to provide to us certain basic information such as your true legal name, affiliated Customer organization (if applicable) and similar personal and professional information. You may also provide other information such as your role in the Customer organization, subject interests and grade level. You agree that all information you provide to us will be complete, true and correct and that you will keep it up-to-date. During the registration process, you will choose a user name and password for your use of the Platform. You will be responsible for securing your user name and password and for all use of the Platform using your email address or password. You agree that you will not disclose, trade or transfer, with or without payment, your password. You will be solely liable for any use of the Platform under your account and password. You agree to notify us promptly of any unauthorized use or disclosure of your password. We reserve the right to refuse use of or revoke use of any username in our discretion.
You agree that we will have the right, but not obligation, to verify your identity as a member of a Customer. We reserve the right to suspend or terminate your account and use of the Platform if (a) we believe any information you have provided during the registration process is inaccurate or incorrect or, (b) if you have registered as part of a Customer, if your organization requests such suspension or termination for any reason or if you withdraw from the organization or otherwise are no longer a member of the Customer.
We reserve the right to establish fees for use of the Platform at any time or to charge additional fees for premium services, data access or additional functionality.
User Obligations. Your use of the Platform shall be solely for your own educational and academic use. You will comply with all applicable laws in connection with your use of the Platform. You will not attempt to circumnavigate or violate any security feature of the Platform, including accessing any Platform features, interactive areas, information or profiles for which you do not have permission or other content or information not intended for you.
All Users are responsible for their own use of the Platform. As part of your use of the Platform, you agree that you will not:
- interfere with, or attempt to interfere with, the normal operations of the Platform or any other User’s use of the Platform, including by overloading, flooding, spamming or crashing the Platform or its underlying systems or by altering any profile, reviews or other information provided by any User;
- post, share, link to or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
- use the Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User, or any third party;
- post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise considered by CatchOn as objectionable in its sole discretion;
- post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
- post, share or disclose any personally identifiable information regarding any students;
- impersonate or falsely suggest or claim an affiliation with any other person or entity;
- seek to monetize the Platform, including by providing reviews or endorsements for payment or other consideration from any Partner or other third party;
- violate or circumvent your Customer’s policies, including the Customer’s honor code;
- collect, store or analyze information about other Users, except as authorized by such User;
- expose CatchOn, the Customer or Community to any civil or criminal liability; or
- violate any applicable law or encourage conduct that would constitute a criminal offense.
Each User and Partner is responsible for any content that such User uploads, shares, posts, links to or otherwise makes available via the Platform (“User Content”). You represent and warrant that you own or have sufficient rights, permissions and licenses in and to all User Content, including without limitation, all photographs, images, video, audio or written materials. You hereby grant to us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, perform, display and transmit your User Content as necessary for provision of the Platform, the creation of white papers, research reports, marketing intelligence and other analytics which we may publish, provide or sell to third parties and in connection with the promotion of the Platform, including on our website, social media channels and other marketing and promotional materials and as set forth in these Terms. We reserve the right, but not obligation, to review or monitor any User Content or use of the Platform and may remove or restrict access to any User Content we deem to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any Customer policies or applicable law, we reserve the right to report such User Content and information regarding the User to the Customer or appropriate legal authorities. You understand and agree that we cannot control how other Users may use the Platform, including posting of offensive User Content, or use or share your User Content (on the Platform or otherwise) and release us from all liability arising from any other user’s acts.
Listing or information of any Application, App, Website or online service on or through the Platform, or facilitating a Partners’ response to requests, does not constitute a recommendation, sponsorship, guarantee or endorsement of such by the Company. WE HEREBY DISCLAIM, AND YOU ACCEPT SUCH DISCLAIMER OF, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE EDUCATIONAL TOOLS, ACCURACY OF REVIEWS OR OTHER USER CONTENT OR ANY OF OUR PARTNERS. YOU ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR USE OF ANY PRODUCTS, WHETHER BASED ON ANY INFORMATION OR OTHERWISE, IS ENTIRELY AT YOUR DISCRETION AND RISK. IF YOU HAVE PROBLEMS WITH ANY EDUCATIONAL TOOL, YOUR REMEDY, IF ANY, IS THROUGH THE APPLICABLE PARTNER THAT PROVIDED OR SOLD THAT TOOL TO YOU.
Ownership. As between you and CatchOn, the Platform, including all content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Platform, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections. The Company mark and logo are the trademarks of Company. All rights in and to our website, the Platform and the Software not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Software solely for your own use of the Platform and in accordance with these Terms. All trademarks, service marks, logos and other branding elements associated with any Customer, Partner, or Products and all intellectual property rights in and to the products will be owned by their respective owners.
Restrictions. You may not use any information provided on or through the Platform for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or materials you may obtain through use of the Platform. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Platform. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Platform for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software. You will not use or access the Platform in order to develop any competing product or Platform or to conduct benchmarking tests.
Feedback. We may from time to time request our Users to evaluate, assess or provide feedback regarding the Platform or proposed improvements or new functions for the Platform. You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion. Any improvements, new features, or new Platforms that may be created or developed by Company based on User evaluations will be exclusively owned by Company without right of any User to consideration or attribution.
Maintenance of The Platform; Changes
We reserve the right to issue corrections or modifications or upgraded versions of the Platform and Software at any time in our discretion. From time to time and with or without notice, the Platform may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance. We may also establish additional rules, limits or policies regarding the Platform and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the Platform, or the applicable function.
We may at any time cease to continue operating part or all or selectively disable certain aspects of the Platform, including at the request of Customer. You may cease using the Platform at any time, although, in so doing, you acknowledge and agree that all User Data generated by your organization prior to such time may be used in an aggregate form by the company. We may terminate your use of the Platform if you violate these Terms with or without prior notice to you.
THE PLATFORM AND SOFTWARE IS PROVIDED ON AN “AS IS” “WHERE IS” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE PLATFORM, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF THE PLATFORM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.
If you are an individual User, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other User arising from your use of the Platform. If you have a dispute with the Customer, any Partner or any other User regarding any User Content, Educational Tool or the use of the Platform, you hereby release us from any and all liability, claims, demand and damages associated with such User or such transaction.
LIMITATION ON LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM, EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.
Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.
Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.
Governing Law. To the extent permitted by law, these Terms, your use of the Platform are governed by Tennessee law, without giving effect to its conflict of law provisions.
Notices. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We consent and submit to the sole jurisdiction and venue of the state courts of Davidson County, Tennessee.
Fees. The prevailing party shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Service.