FLIPGRID PRIVACY POLICY

 

LAST UPDATED: August 10, 2021

 

Your privacy is important to us.

 

This Privacy Policy governs how Flipgrid, Inc., a Microsoft subsidiary, ("Flipgrid," "we," "our," or "us") collects, uses, and shares personal information about Leads, Members, and Guests, as those roles are defined below (collectively, “Users” or “you”). This Privacy Policy applies when you use our website at Flipgrid.com, the Flipgrid mobile app, and any associated services (collectively, the “Service”). 

 

We may make changes to this Privacy Policy from time to time. If we make changes, we will notify you by revising the "Last Updated" date above, and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you. 

 

"You" may be a:

 

Lead

A “Lead” initiates and manages Groups and Topics and manages and sets permissions for Member and Guest videos and text within those Group(s) and Topics. Leads using the Service with an email address provided by their affiliated organization, such as an educational institution or organization or other educational business (each, a “School”) are referred to as “School Leads.” 

 

Go here to learn more about Getting Started as a Lead. Learn more about Topics and Groups here

 

Co-Lead

A “Co-Lead” helps Leads manage their Group(s) by adding students, creating, and managing Topic(s), and providing student feedback. Co-Leads do not have the ability to invite other Co-Leads to the Group or delete any user generated content. Co-Leads using the Service with an email address provided by their School are referred to as “School Co-Leads.” 

 

Go here to learn more about Getting Started as a Co-Lead. Learn more about Topics and Groups here

 

Member

A “Member” is invited to participate in Groups and Topics via a join code provided by a Lead, such as a student invited by his/her school teacher (a “Student Member”). Members can create and manage their own videos and text within a Group or Topic. Members cannot create Groups but may create Topics if the Lead grants them this privilege.

 

Go here to learn more about Getting Started as a Member.

 

Guest

A Guest is invited to participate in Topics via a join code and guest password provided by a Lead. Guests can create and manage their own videos and text within a Topic.

 

Go here to learn more about Getting Started as a Guest.

 

As used in this Privacy Policy, a “User” is any user of the Service, including Leads, Co-Leads, Members, and Guests. 

 

1. Information Flipgrid Collects

Flipgrid collects personal information about Users as described below.

 

1.1 Directly Collected Information 

a) Information Collected from Leads and Co Leads

When a Lead creates an account on the Service, we may ask for certain information, such as the Lead’s first name, last name, email address, password, date of birth, community information, and country. Leads may provide us with the name and email address of each Member and Guest they invite to use the Service. 

School Leads provide consent for the collection of Student Member personal information as discussed in Section 8 of this Privacy Policy, below. 

 

b) Information Collected from All Users

We collect information from Users when you post content on the Service, such as Topics, text, videos, and other material. This information may include first name, last name, email address, and audio and image included within a video. Your Lead may permit you to access certain features on the Service. If you choose to use these features, additional information may be collected. For example, use of an augmented reality camera effect in your videos may use object recognition to detect different areas of your face (this feature does not recognize specific individuals and the information used to provide you with this effect does not leave your device). 

We also collect information from Users when you provide us with feedback or otherwise communicate with us, such as when you contact us via email or by submitting the contact form on our Service.

 

1.2 Automatically Collected Information

When you access or use our Service, we automatically collect certain information, including:

  • Device and Usage Information: When a User uses the Service, some information may be automatically collected to help us understand how the Service is being used and how to improve the Service. For example, we may collect device type, the device identifier (UDID), date/time stamps, browser type, operating system, Internet Protocol (IP) address, Internet service provider (ISP), referring/exit pages, clickstream data, and domain name.

  • Information Collected by Cookies and Similar Technologies: As described in the Cookies and Analytics section below, we (and our service providers) use tracking technologies, such as cookies (small text files placed on your device) and web beacons to collect information about you. For more information about cookies and how to disable them, see the Your Choices section below. 

 

1.3 Information Collected from Other Sources

We may also collect information about you from other sources. For example, if a Member or Lead uses a third-party login service (such as Microsoft or Google) to access or sign up for the Service, we may collect information about the Member or Lead from that third-party service, including his/her first name, last name, email address, country, date of birth and other information.

 

2. Use of Personal Information

We use the information we collect to provide our Service to all Users, including for the following purposes:

  • To provide, maintain, and improve the Service, including updating, securing, troubleshooting, and providing support.

  • To authenticate Leads and Members who access the Service using a third-party account, such as their Microsoft or Google account.

  • To improve and develop the Service.

  • To respond to User comments and questions and provide customer service.

  • To communicate with Users, other than Student Members, about Microsoft or Flipgrid products, services, and events, new Flipgrid features and other news and information we think will interest Leads (see the Your Choices section below for information about how to opt out of these communications at any time).

  • To send Users information including confirmations, technical notices, updates, security alerts, and support and administrative messages.

  • To monitor and analyze trends, usage, and activities in connection with the Service. Information about Members used for this purpose is de-identified or aggregated so that it cannot reasonably be used to identify any individual Member.

  • To detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of Flipgrid and others.

  • To debug to identify and repair errors in our Service. 

  • To facilitate the creation and management of accounts on our Service.

  • To comply with our legal and financial obligations.

  • For any other purpose described to you at the time information is collected or with your permission.

     

Flipgrid does not use your personal information to market or advertise non-Flipgrid or non-Microsoft products or services to you. Flipgrid also does not use your personal information to track and target advertisements on third party websites or services.

 

3. Information We Share

Flipgrid does not sell User personal information. We share personal information in the following circumstances or as otherwise described in this Privacy Policy: 

  • When you use the Service, your personal information and content may be shared with other Users who you interact with on the Service.

  • We share User personal information with vendors, consultants, and other third-party service providers who need access to such information to perform services for us, such as companies that assist us with web hosting and customer service. View service providers.

  • We may share User personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements. We may share personal information if we believe that your actions are inconsistent with our agreements, policies, or terms of use, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Flipgrid, our employees and agents, our Users, the public, or others.

  • We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.

  • We may disclose or transfer your personal information in connection with, or during negotiations concerning, any sale, merger, bankruptcy, sale of assets, financing, acquisition, or reorganization, in whole or in part, of our company.

  • We may share personal information between and among Flipgrid and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.

     

4. Information Users Share

 

4.1 Sharing to other Users

When you share content to a Group or Topic, that content is accessible by any User who has permission to access the Group or Topic, subject to the Lead’s ability to deactivate, moderate, or hide Groups, Topics, and the content within them. The Lead, not Flipgrid, sets the Group or Topic access permissions and privacy settings, including access permissions for content within a Group or Topic. 

 

4.2 Sharing to Recipients Outside the Service  

You can share the content you submit to a Group or Topic with your friends or others who do not use the Service via a link (a “Content URL”).  If the recipient of a Content URL sends the Content URL to other people, those other people will also be able to access your content on the Service. 

 

Depending on the permissions set by your Group or Topic Lead, you may also be able to invite your friends or others who do not use the Service to access a Group or Topic via a link (a “Group/Topic URL”). Leads, not Flipgrid, set the access permissions and privacy settings that determine whether a Group/Topic URL will work for recipients. 

 

Flipgrid does not, and cannot, control how Users share Content URLs or Group/Topic URLS outside the Service, how Leads set Group/Topic URL access permissions, or how recipients of Content URLs or Group/Topic URLs will view, use, or reshare such URLs and the content made accessible through them. 

 

5. Third-Party Sites and Services

The Service may link to third party sites, services, plug-ins, and applications that are not operated or controlled by Flipgrid (each a “Third-Party Service”). Leads, and not Flipgrid, determine whether such Third-Party Services are accessible to Users on their Groups and Topics. Third-Party Services are governed by their respective privacy policies. This Privacy Policy does not apply to such Third-Party Services, and we cannot take responsibility for the content, privacy policies or practices of third-party services. 

 

6. Analytics

We use cookies and similar technologies to collect information about your use of the Service in order to analyze and track data and determine the popularity of certain content on our Service. Cookies are small data files stored on your hard drive or in device memory that help us provide and improve the Service and your experience, collect data about the Service and how it is used, and to share information about Flipgrid and its features and functionalities to Leads. For example, cookies allow you to log in to secure areas of the Service and help the content of the pages load quickly. We use cookies to provide you with a more personal, useful, and interactive experience with our Service. We also use web beacons (also known as “pixel tags” or “clear GIFs”) to help deliver cookies and gather usage and performance data. 

 

In addition to the cookies we set, we allow other third parties to provide analytics services on our behalf. These third parties can set cookies when you use the Service to collect information about you. For example:

  • Companies we hire to provide services that help us offer our Service, such as site analytics providers, may place cookies when you visit our sites.

  • Companies that deliver content, such as videos a Lead links to or embeds, place cookies on their own. These companies use the data they process in accordance with their privacy policies, which may enable these companies to collect and combine information about your activities across websites, apps, or online services.

     

Each User has a variety of tools to control cookies, web beacons, and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. User browser settings and other choices may impact the functionality of the Service. 

 

7. Information Choices and Changes

 

7.1 Personal Information and User Content 

Users may opt out of providing personal information to the Service at any time by ceasing to use the application. Users may also request deletion of their personal information, including content, by emailing support@Flipgrid.com. We may ask you for certain information about yourself or about your content to validate your request. If we cannot validate your request, we may not be able to remove the content. Any User, as well as parents of Student Members, can contact the relevant Group/Topic Lead to request deletion of their content. Learn more about the choices Users have with respect to access and deletion of their information here

 

If you request deletion of your account or content, please note that we may still retain certain information as required by law or for our legitimate business purposes as outlined in Section 10 of this Policy.

 

7.2 Communications Preferences

We may send Leads emails regarding events, news, and other topics, as described in the Use of Personal Information section above. Leads can opt out of receiving such emails by following the instructions provided in those emails. Note that if a Lead opts out of such emails, we may still send them operational emails that pertain to the Lead's account and notifications regarding our Service.

 

8. CHILDREN’S PRIVACY 

This section of the Privacy Policy applies to information we collect from individuals under the age of 13 or the age where parental consent is required for use of the Service under applicable law (individually, a “Child,” and collectively, “Children”). With consent from a parent or legal guardian (a “Parent”), Children can use the Service as Members. 

 

If we learn that we have collected a Child’s personal information without legally required parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their Child has submitted personal information to us and would like to have it deleted may contact us at support@flipgrid.com

 

8.1 Collection, Use and Disclosure of Children’s Information 

Under the United States Children’s Online Privacy Protection Act ("COPPA"), verifiable parental consent is needed to collect, use, or disclose personal information (e.g., full name and email address) from each User under 13 years old.

 

a) Information Collected from Children. We obtain verifiable parental consent before collecting, using, or disclosing information from a Child, including as described in Section 8.2 for Student Members. Children may only use the Service as Members. We collect the same types of personal information from Children as we do from other Members, as described in Section 1 above. We will not knowingly require any Child to disclose more information than is reasonably needed to participate in the Service. b) Use and Sharing of Children’s Information. Once we obtain verifiable parental consent, we may use and share personal information collected from Children for the same purposes applicable to Members, as described in Sections 2 through 6 above. As with other Members, we do not sell Children’s personal information or use Children’s personal information to market or advertise to Children, nor do we permit third parties to do so. 

 

b) As described in Section 4.1, content Children post to Groups and Topics may be visible to other Users of the Service. As described in Section 4.2, content Children post to the Service may also be accessible to individuals outside the Service who receive a Content URL and/or Group/Topic URL containing a Child’s content. We encourage Parents to monitor their Children’s use of the Service, including the content and personal information they submit. Flipgrid is not able to control or monitor all personal information or content Children may submit to the Service, nor what Users or recipients of a Content URL or Group/Topic URL may ultimately do with any information or content they have access to from the Service. 

 

c) Parental Rights. Parents have certain rights with respect to our collection, use, retention, and disclosure of their Child’s information. This includes the right to review, update, or delete personal information about their Child, as well as to prohibit our sharing of personal information about their Child with certain third parties. Parents can exercise these rights by contacting their Child’s or by emailing requests directly to us at support@flipgrid.com. Please note that if a Parent requests deletion of his/her Child’s personal information or content, we may still retain certain information as required by law or for our legitimate business purposes as outlined in Section 10. Children and their Parents can learn more about the choices Users have with respect to their information here

 

8.2 Notice to Schools and Student Members

In accordance with COPPA, a teacher, such as a School Lead, may act as the agent of the Parent of a student and provide consent on behalf of the Parent for Flipgrid’s collection, use, and disclosure of the student’s personal information. As such, by enrolling a Student Member under 13 to use the Service, the School Lead provides such consent to us and agrees that the Student Member’s activities while on the Service are subject to our Terms and Code of Conduct. Please see the Parent Consent Form for guidelines on how teachers and Schools should provide consent on behalf of parents.

 

This Privacy Policy does not govern any School's collection, use, or disclosure of a Student Member’s personal information through the Service, and we are not responsible for any such collection, use, or disclosure. 

 

9. INFORMATION SECURITY

We use security technologies and procedures to help protect your personal information. While we take efforts to protect your personal information, please remember that no transmission of information on the Internet is 100% secure, and we cannot guarantee or be responsible for absolute security of your information. You can learn more about our information security practices here

 

10. Data Retention

We store the information we collect for as long as you have an account (if you are a Lead), or for up to 30 days in our archives when you ask for data to be deleted. Additionally, we may retain User information to resolve disputes, enforce our policies, and to comply with the law.

 

11. Personal Information Transferred from the European Economic Area or Switzerland 

Personal information collected by Flipgrid may be stored and processed in your region, in the United States, and in any other country where Flipgrid or our affiliates, or service providers operate facilities. We take steps to ensure that the personal information we collect under this privacy policy is processed according to the provisions of this policy and the requirements of applicable law wherever the data is located. We transfer personal data from the European Economic Area, the United Kingdom, and Switzerland to other countries, some of which have not yet been determined by the European Commission to have an adequate level of data protection. For example, their laws may not guarantee you the same rights, or there may not be a privacy supervisory authority there that is capable of addressing your complaints. When we engage in such transfers, we use a variety of legal mechanisms.

 

12. ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal information, and this section applies to you.

 

12.1 Legal Basis for Processing

When we process your personal information, we will do so in reliance on the following lawful bases:

  • To perform our responsibilities under our contract with you (e.g., providing the products and services you requested). 

  • When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).

  • To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).

  • When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal information, you may withdraw such consent at any time.

     

12.2 Data Retention

Please refer to Section 10 of this Privacy Policy to learn about our retention periods for personal information we collect.

 

12.3 Data Subject Requests

Subject to certain limitations, you have the right to request access to the personal information we hold about you and to receive your data in a portable format, the right to ask that your personal information be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please email support@Flipgrid.com

 

12.4 Questions or Complaints

If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

 

For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en

 

For individuals in the UK: https://ico.org.uk/global/contact-us/

 

For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

 

13. RIGHTS OF CALIFORNIA RESIDENTS

 

13.1 California Consumer Privacy Act

If you are a California resident, we process your personal information in accordance with the California Consumer Privacy Act (CCPA). This CCPA section of our Privacy Policy contains information required by the CCPA and supplements our Privacy Policy.

 

Sale. We do not sell your personal information. 

 

Rights. Subject to certain limitations, you have the right to (i) request to know more about the categories and specific pieces of personal information we collect, use, and disclose; (ii) request deletion of your personal information; (iii) opt out of any “sales” of your personal information that may be occurring, and (iv) not be discriminated against for exercising these rights. 

 

 As described in Section 7, you may exercise your rights by emailing Flipgrid at support@Flipgrid.com, by contacting your Lead, or by taking the steps described here. We may ask for additional information to validate your request before honoring the request. 

 

You may make these requests through an authorized agent. If you use an authorized agent, we may request information from you or the agent demonstrating that the agent is acting on your behalf.

 

We will not discriminate against you if you exercise your CCPA rights. 

 

Personal Information Processing. In the preceding 12 months, we have collected the following categories of personal information: identifiers, information subject to Cal. Civ. Code § 1798.80(e), characteristics of protected classifications under California or U.S. law, commercial information, Internet or other electronic network activity information, professional or employment-related information, audio, electronic, visual or similar information, inferences drawn about you and other categories of personal information that relate to, describe or are reasonably capable of being associated with you. 

 

For details about the precise data points, we collect and the categories of sources of such collection, please see the Information Flipgrid Collects section above. We collect personal information for the business and commercial purposes described in the Use of Personal Information section above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes to the following categories of recipients: 

 

Category of Personal Information Categories of Recipients

Identifiers

 

 

Customer support partners, Internet service providers, operating systems and platforms, other Users, online and digital safety partners, cloud service providers, technical maintenance, and system security providers 
Commercial Information Customer support partners, online and digital safety partners, cloud service providers
Characteristics of Protected Classifications under state or federal law, such as age Other users, customer support partners 
Internet or other electronic network activity Internet service providers, operating systems and platforms, cloud service providers, online and digital safety partners, technical maintenance, and system security providers
Geolocation data Internet service providers, operating systems, and platforms 
Professional or employment-related information Customer support partners, other Users
Audio, electronic, visual, or similar information Customer support partners, other Users 
Inferences Customer support partners, online and digital safety partners, cloud service providers

 

13.2 How We Respond to Do Not Track Signals

We do not currently respond to "do not track" signals or other mechanisms that might enable consumers to opt out of tracking on our website.

 

14. Contact Information

If you have any questions about this Privacy Policy or wish to contact us, please contact support@Flipgrid.com

 

You can reach Flipgrid by mail at:

 

Corporation Service Company

251 Little Falls Drive

Wilmington, DE 19808

FLIPGRID TERMS OF USE

 

LAST UPDATED: August 10, 2021

 

Thank you for using Flipgrid!

 

We are pleased to help support your work as you ignite discussion - and use video the way your community does.

 

Flipgrid, Inc., a subsidiary of Microsoft Corporation, ("Flipgrid," "we," "our," or "us") provides a collaborative platform on the Flipgrid.com website, the Flipgrid mobile app ("App"), and any associated services (collectively, the "Service"). You accept these terms of use ("Terms") by creating an account on this Service or by otherwise accessing or using the Service.

 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Service or updating the date at the top of these Terms. Unless we say otherwise in our notice, the updated Terms will be effective immediately, and your continued use of our Service after we provide such notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you must stop using our Service. Please read these Terms carefully, including the binding arbitration clause and class action waiver in Section 13, which affects how disputes are resolved. If you do not agree to these Terms, do not use our Service.

 

1. ELIGIBILITY TO USE THE SERVICE

 

Flipgrid welcomes you to its platform. You may access the Service using your personal email address or an email address provided to you by your organization. Depending on the role you play when using the Service, you may be able to create and/or manage “Topics” and “Groups.” Learn more about Topics and Groups here.

 

The following are different roles that you may play as you access the Service:

 

Lead

 

A “Lead” initiates and manages Groups and Topics and manages and sets permissions for Member and Guest videos and text within those Group(s) and Topics. Leads using the Service with an email address provided by their affiliated organization, such as an educational institution or organization or other educational business (a “School”), represent and warrant that they have the legal authority to bind their organization to these Terms and agree that their use of the Service may be subject to additional terms between Flipgrid and the relevant organization. Such Leads are referred to as School Leads. School Leads accept Flipgrid’s Terms and Privacy Policy on behalf of their Student Members. They are also responsible for obtaining parental consent for any Members who are minors in their country. Specific responsibilities of School Leads are described in Section 4 of these Terms.

 

Go here to learn more about Getting Started as a Lead.

 

Co-Lead

 

A “Co-Lead” helps Leads manage their Group(s) by adding students, creating, and managing Topic(s), and providing student feedback. Co-Leads do not have the ability to invite other Co-Leads to the Group or delete any user generated content. Co-Leads using the Service with an email address provided by their School are referred to as “School Co-Leads.” 

 

Go here to learn more about Getting Started as a Co-Lead. Learn more about Topics and Groups here

 

Member

 

A “Member” is invited to participate in Groups and Topics via a join code provided by a Lead, such as a student invited by his/her School teacher (a “Student Member”). Members can create and manage their own videos and text within a Group or Topic. Members cannot create Groups but may create Topics if the Lead grants them this privilege.

 

Go here to learn more about Getting Started as a Member.

 

Guest

 

A Guest is invited to participate in Topics via a join code and guest password provided by a Lead. Guests can create and manage their own videos and text within a Topic.

 

Go here to learn more about Getting Started as a Guest.

 

As used in these Terms, "User" is any user of the Service, including Leads, Members, and Guests.

 

If you are a User who is under18 years old (or the age of legal majority where you live), you may use the Service only with the permission of a parent or legal guardian who agrees to be bound to these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority where they live), then you agree to be bound by these Terms with respect to that User’s use of the Service.

 

Further, individuals under the age of 13 or the age where parental consent is required for use of the Service under applicable law (individually, a “Child” and collectively, “Children”) may not, under any circumstances or for any reason, use the Service, except as permitted below:

 

  • Student Members of any age, including Student Members who are Children, may only use the Service at the invitation and under the supervision of a School Lead who has agreed to these Terms.
  • Other Members who are Children, may only use the Service after their parent or legal guardian provides consent to us in accordance with applicable law.

 

No User may use our Service if you have previously been removed or suspended from the Service.

 

2. PRIVACY

 

We value the privacy of our Users. Please read our Privacy Policy to learn more about what information we collect and how we use, share, and otherwise process that information.

 

3. ACCOUNT MANAGEMENT

 

3.1. Account Creation and Deletion. Only Leads register for an account on our Service. If you register for the Service as a Lead, we will ask you to provide certain information about yourself. You agree not to provide any false, inaccurate, or misleading information when signing up for your account. You must keep this information up to date. You may delete your account at any time and for any reason by following the instructions on the Service and then uninstalling the App. If you have trouble deleting your account, you can also submit a request to support@Flipgrid.com for assistance.

 

3.2. Account Responsibilities. To protect your account, keep your account details and password confidential, as you are responsible for activities that occur under your account. Except as permitted in Section 4, Leads agree not to provide join codes to Members or Guests under the age majority in their jurisdictions.

 

4. SCHOOL LEADS.

 

4.1 Responsibilities for School Leads. School Leads have additional responsibilities to their Student Members, who are Children. If you are a School Lead, you agree to the following:

 

(a) You are responsible for the use of the Service by your Student Members and shall ensure that each of your Student Members complies with the Flipgrid Code of Conduct.

 

(b) You consent to Flipgrid’s collection and use of personal information from your Student Members, as described in our Privacy Policy.

 

(c) You represent and warrant that you have: (i) the authority to consent to our collection and use of personal information from your Student Members; (ii) provided privacy notices and obtained consents as required by your School’s policies and applicable law, including but not limited to the Children’s Online Privacy Protection Act ("COPPA") and the Family Educational Rights and Privacy Act (“FERPA”); and (iii) filed evidence of such consents (including verifiable parental consents) with your School administrator before using the Service.

 

(d) You are solely responsible for responding to requests from parents and Student Members to review, delete, correct, take down, transfer or update Student Member personal information or Student Member User Content in accordance with applicable laws and your School’s policies. You are responsible for notifying Flipgrid if a parent or legal guardian revokes parental consent required to process personal information about a Student Member.

 

(e) You represent and warrant that you will use the Service and the personal information collected from Student Members in connection with the Service in accordance with applicable laws, our Privacy Policy, these Terms, and your School’s policies.

 

(f) You may not publicly post Groups or Topics containing Student Member User Content. If you invite Guests to participate in your Groups or Topics, you are solely responsible for obtaining any additional consents required to permit Student Member User Content and Student Member personal information to be shared with those Guests.

 

(g) You are responsible for any User Content provided by or collected from your Student Members. Questions about possession, control, or transfer of Student Member User Content should be directed to the School Lead.

 

5. YOUR CONTENT

 

5.1 User Content. The Service allows Users to create, post, share and store content, including but not limited to Topics, text, videos, and other material (collectively, "User Content"). You may not create, post, store or share any User Content that violates these Terms. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Flipgrid. Except as described in Section 4.1(g), you are solely responsible for any User Content you create, post, share or store through the Service. We use best practices to back up User Content, but we cannot guarantee that User Content will be available in the event it is intentionally or accidentally deleted by another User, so we recommend you backup your User Content regularly.

 

5.2 License. To the extent necessary to provide the Service to you and others and to protect you and the Service, you grant to us a worldwide and royalty-free intellectual property license to use, view, download, reproduce, modify, create derivative works of, make copies of, retain, transmit, reformat, display, and distribute via communication tools your User Content on the Service. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your User Content that is uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Content will not violate any law or rights of others. With respect to User Content, the above licenses terminate within a commercially reasonable time after your videos are removed or deleted from the Service.

 

5.3 Confidentiality. As Users are able to share User Content outside the Group or Topic to which it was submitted, Flipgrid does not guarantee confidentiality with respect to your User Content.

 

5.4 Code of Conduct.

 

By using the Service, you are agreeing to follow these rules:

 

(a) Don’t do anything illegal. Don’t help others break these rules.

 

(b) Don’t engage in any activity that exploits, harms, or threatens to harm children.

 

(c) Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

 

(d) Don’t publicly display or use the Service to share inappropriate content or material (involving, for example, pornography, offensive language, graphic violence, or criminal activity).

 

(e) Don’t engage in activity that is fraudulent, false or misleading (e.g., impersonating someone else, manipulating the Service to increase play count, or affect comments).

 

(f) Don’t circumvent any restrictions on access to or availability of the Service (e.g., giving false information in order to be able to use the Service, probe, scan, or test the vulnerability of our Service, systems, or network).

 

(g) Don’t engage in activity that is harmful to you, the Service, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).

 

(h) Don’t infringe upon the rights of others (e.g., unauthorized sharing or use of videos, copyrighted music or other copyrighted material, comments, and/or media, violating the intellectual property rights or privacy of others or collecting or harvesting any information that might identify a person).

 

(i) Don’t share any login information associated with any account you use to access our Service. Accordingly, you are responsible for all activities that occur under your account.

 

(j) Don’t use student information for marketing or advertising purposes.

 

(k) Don’t use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract any other User’s information within Flipgrid.

 

5.6 Enforcement. We may (but have no obligation to) review any User Content. Notwithstanding the fact that we have no obligation to monitor the User Content on the Service, we reserve the right in our sole discretion to, at any time for any reason (a)block, delete, limit, restrict access to, remove, or modify your information, including your User Content; and (b) suspend or terminate your account, and refuse any current or future use of the Service (or any portion thereof). We will not be liable to you or any third party for taking either of these actions. We may also investigate and/or take appropriate action against you for violating these Terms or for otherwise creating liability for us or any other person, such as by reporting you to law enforcement authorities. If you have questions about an enforcement action, you can submit a case review inquiry to support@Flipgrid.com.

 

5.7 Deletion of User Content. You may delete your User Content on the Service by following the instructions provided on the Service or in our communications. Members (and their parents, if applicable) can also ask their Lead to correct, edit, delete, or update their Member information and User Content. If you have trouble deleting User Content, you can also submit a request to support@Flipgrid.com for assistance.

 

6. USE OF THE SERVICE

 

6.1 License. Subject to compliance with these Terms we grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use and access, solely for classroom or other noncommercial use: (a) the software in the App on any compatible device that you own or control, and (b) other aspects of the Service.

 

6.2 Certain Restrictions. To protect the distribution of the Service, we must outline certain limitations on the licensed rights we grant to you. You shall not: (a) download, copy, reproduce, transmit, broadcast, display, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any Flipgrid Content (as defined below) on the Service; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) access the Service in order to build a similar or competitive website, app, product, or service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service in any form or by any means; (e) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (f) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (g) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (h) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or (i) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained.

 

6.3 Service Availability; No Support. We have no obligation to provide you with any support or updates in connection with the Service. The Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.

 

6.4 Ownership. The Service is the sole property of Flipgrid or its affiliates and is protected by U.S. and foreign copyright laws, patents, trademarks, trade secret, and other laws. As between you and Flipgrid, all content, software, images, text, graphics, illustrations, patents, copyright, audio, music on and “look and feel” of the Service, and all intellectual property rights related thereto (the “Flipgrid Content”), are either owned or licensed by Flipgrid, it being understood that you will own any User Content (as defined above) you upload or transmit through the Service. Use of the Flipgrid Content for any purpose not expressly permitted by these Terms is strictly prohibited. Our name, logo, and the product names associated with the Service belong to us or our suppliers, and no right or license is granted to you or any third party to use them. We and our suppliers reserve all rights not expressly granted in these Terms.

 

6.5 Feedback. We love getting your feedback! If you give to Flipgrid any idea, proposal, suggestion, or feedback, including technologies and product improvements ("Feedback"), you give to Flipgrid, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Flipgrid to license its software, technologies, or documentation to any third party because we include your Feedback in them.

 

7. APP STORES

 

The availability of the App is dependent on the App Store from which you received the App. These Terms are between you and Flipgrid and not with the App Store. The App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Flipgrid is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App to you. To the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We, and not the App Store, are responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App infringes a third party’s intellectual property rights, we, and not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies and the usage rules) when using the App. If the App Store terms conflict with these Terms, the more restrictive terms applies. The App Stores and their subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, the App Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you accordingly.

 

8. WARRANTIES AND DISCLAIMERS

 

We do not control or direct what Users do or say or how they interact with you or each other, and we are not responsible for activity by Users on or off the Service or any User Content they create or share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Your interactions with other Users are solely between you and such Users, and we will not be responsible for any loss or damage incurred as the result of any such interactions.

 

FLIPGRID, MICROSOFT CORPORATION AND OUR AFFILIATES, (COLLECTIVELY, THE “FLIPGRID PARTIES”), MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICE ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. THE FLIPGRID PARTIES DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

 

9. LIMITATION ON LIABILITY

 

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from the Flipgrid Parties, direct damages up to an amount equal to your Service fee for the month during which the loss or breach occurred (or up to $10.00 if the Service is free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Service, or the software related to the Service.

 

10. TERM AND TERMINATION

 

These Terms will remain in effect while you use the Service. Upon termination, your account will close immediately, and/or your right to access and use the Service will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, release and binding arbitration and class action waiver.

 

11. NOTICES

 

11.1 Notices of Infringement. Flipgrid respects the intellectual property of others and asks that Users do the same. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.

 

Flipgrid uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, we may also disable or terminate accounts of users of the Service who may be repeat infringers.

 

11.2 Copyright Notice. The Service is copyright © 2018 Microsoft Corporation and/or its affiliates or suppliers. All rights reserved.

 

12. GENERAL

 

12.1 Venue, Choice of Law, and Choice of Language. Any dispute arising from these Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Service that are heard in court (excluding arbitration and small claims court). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The English version of these Terms shall govern, and any proceedings related to actions based on these Terms shall be conducted in English.

 

12.2 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You shall not export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Flipgrid, or any products utilizing such data, in violation of U.S. export laws or regulations.

 

12.3 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

12.4 Miscellaneous. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Service. This is the entire agreement between you and us for your use of the Service. It supersedes any prior agreements between you and us regarding your use of the Service. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will not change.

 

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

 

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

 

13.1 Here is what you need to know about arbitration under these Terms:

 

(a) Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Service, the software related to the Service, the Service’s or software’s price, your account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

 

Disputes concerning Snap Camera, a lens, or any other Snap-licensed feature or software made available through the Service are covered disputes, and section 13 applies.

 

For section 13, “we,” “our,” and “us” includes Flipgrid, Microsoft, Snap Inc., and their affiliates. Snap Inc. and its affiliates (“Snap”) are third-party beneficiaries of this agreement to resolve disputes through informal negotiation and arbitration and agree to do everything Flipgrid and Microsoft agree to do in section 13.

 

(b) Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. (or to Snap at 3000 31st Street, Suite C, Santa Monica, CA 90405, U.S.A.) Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

 

(c) Small Claims Court Option. Instead of mailing a Notice of Dispute, if you meet the court’s requirements you may sue us in small claims court in your county of residence (or, if a business, your principal place of business), or (i) King County, Washington, if your dispute is with Flipgrid or Microsoft, or (ii) Los Angeles, California if your dispute is with Snap.

 

(d) Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Service for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Service, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business), or in (i) King County, Washington if your dispute is with Flipgrid or Microsoft, or (ii) Los Angeles, California if your dispute is with Snap. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

 

(e) Arbitration Fees and Payments.

 

(i) Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an "award"), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.

 

(ii) Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

 

(f) Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

 

(g) Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 13.1 (a), above) within one year from when it first could be filed. Otherwise, it’s permanently barred.

 

(h) Rejecting Future Arbitration Changes. You may reject any change we make to section 13 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 13.1(b). If you do, the most recent version of section 13 before the change you rejected will apply.

 

(i) Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 13 is found to be illegal or unenforceable, that provision will be severed but the rest of section 13 still applies.