These Purpose Project Terms and Conditions of Use (“TOU”) were last updated on October 27, 2016.
1. Modification of TOU
3. Family Educational Rights Privacy Act (“FERPA”)
4. Grant and Restrictions on Use
5. Registration and Your Information
6. Acceptable Use Policy
7. User Participation
8. Digital Millennium Copyright Act (“DMCA”) Procedure
12. Governing Law and Jurisdiction
13. General Provisions
14. Contact Information
IDEO LP and/or its related, affiliated or subsidiary companies (“IDEO”) and Riverdale Country School (“Riverdale”) owns and/or operates the internet site located at www.thepurposeproject.org (the “Site”) and the associated mobile application (the “App”). This TOU applies to your access to, and use of, the Site, the App, and features, sites and applications accessible through, or in connection with, the Site or the App (collectively, the “Services”). Certain parts of the Services, some of which may be provided by third parties, may be subject to additional terms and conditions as may be set forth in this TOU, on the Site or the App, or in connection with your use thereof, and your use of the Site, App and such Services constitutes your agreement to all applicable additional terms.
IDEO reserves the right to change or modify any of the terms and conditions contained in the TOU at any time and in its discretion. If IDEO changes or modifies this TOU, IDEO will post the changes to this TOU on the Site and will indicate at the top of this page the date this TOU was last revised. We may also chose to notify you of any material changes or modification to the TOU through your email address that you have used to register for the Services. Any changes or modification will be effective immediately upon posting of the revisions to the Site.
Your continued use of the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check the Site to determine if there have been changes to this TOU and to review such changes. If you do not agree to the amended TOU, please discontinue using the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without notice, at our sole discretion.
Students: Students who are under 13 years of age or the age of consent in their home country must not further access the Services. Students between the age of 14 and 18 may only use the Services in conjunction with and under the supervision of their parents or legal guardians.
(i) We request the following personal information to be provided from students to enable use of the Services: first and last name, and email address.Students also have the option to save a picture to their profile. We also request non-personal information such as country, locale, gender and date of birth. This non-personal information is combined with the student’s personal information and becomes their login information (“Login Information”).
Teachers and school leaders: If you are a teacher, school leader, aide, or other similar personnel accessing the Services on behalf of a school, school district, or other similar educational institution (“Institution”), the following terms apply to you:
(i) You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and use the Service as part of your curriculum.
(ii) You further understand and acknowledge that the Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without consent, and you understand that children under the age of 13 must not use the Services. IDEO will not knowingly provide access to or use of the Services to students under the age of 13 that you invite to the Services.
(iii) Only teachers and staff members who are current employees of the Institution may use the Services on the Institution’s behalf. Upon termination of a teacher or other staff member’s employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify IDEO immediately.
Parents: If you are a parent of a student who has been invited to create an account on the Services, then the following terms apply to you:
Certain information that may be provided to IDEO by teachers, school leaders, teacher aides, or other personnel at an Institution (“School Official”) that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information provided to IDEO by School Officials about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information for an eligible student’s Education Records to a third party without written consent of the party and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclose to School Officials with a legitimate educational interest (“School Official Exemption”).
As a School Official or Institution providing Directory Information or any Education Record to IDEO, you represent, warrant and covenant to IDEO, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be Directory Information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose Directory Information about them; and/or
(ii) complied with School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “School Official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by IDEO; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Education Records with IDEO, in each case, solely to enable IDEO’s operation of the Services.
IDEO may use Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, date of birth, demographic information, location information and school identity. IDEO agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
The Services are owned and operated by IDEO. The curriculum, features, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software) and all other elements of the Site, App and Services (the “Materials”) are protected by copyright, trade dress, author’s rights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content submitted by you and other users of the Services, including without limitation any survey answers and feedback, (“Submitted Content”), all Materials contained on the Services are the copyrighted property of IDEO, its subsidiaries or affiliated companies, or third-party licensors. All trademarks, service marks, and trade names are proprietary to IDEO, its subsidiaries, affiliated companies, and/or third-party licensors. IDEO claims all rights associated with unregistered trademarks, service marks, domain names, logos and company names. You may not use any trademark, service mark, domain name, logo, or company name of IDEO or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Materials.
IDEO grants you a non-exclusive, revocable right to (i) install one copy of the App solely for your personal, non-commercial use for lawful purposes, on a mobile device that you own or control, and (ii) use the Services for their intended purposes provided that you do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
IDEO hereby grants you a limited license to use the Materials provided by IDEO solely for your personal, non-commercial use. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right in the Site, the App or any Materials.
While IDEO endeavors to ensure that the Services are available at all times, IDEO shall not be liable if, for any reason, the Services are unavailable at any time or for any period.
Users do not need to publicly disclose personally identifiable information to use the Services and IDEO advises against such. We do not want to receive through the Site or App any confidential or proprietary information or materials otherwise subject to use restrictions.
You are prohibited from posting or transmitting any “sensitive” personally identifiable information over the Site or App, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.
You are also prohibited from:
If you are using the Site on a public computer or are otherwise using a computer to which multiple people have potential access, you agree to follow good practice and ensure that you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized contributions of Submitted Content.
Although we are not obligated to monitor access to or use of the Services or Materials or to review or edit any Submitted Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this TOU, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Submitted Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Submitted Content to be objectionable or in violation of this TOU including this acceptable use policy. We have the right to investigate violations of this TOU or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
If we notice any Submitted Content that we deem in our discretion to be a danger to a user or a third party, we may take steps such as reporting such content to the relevant school officials or authorities. IDEO is under no obligation to monitor or screen Submitted Content or other information provided by users and is under no obligation to take any action based on such content.
In addition to the acceptable uses outlined above, you also agree to comply with any Acceptable Use Policy that your Institution has in place.
Your use of and contributions to the Services are entirely voluntary, non-confidential and gratuitous. By making any Submitted Content available through the Services, you hereby grant to IDEO and our designees a non-exclusive, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Submitted Content in connection with operating and providing the Services and Materials to you and to other users. You also grant IDEO the right to use and disclose metrics and analytics regarding Submitted Content in an aggregate or other non-personally identifiable manner (including for use in improving our Services or in business development purposes. Administrators and teachers You may also have the opportunity to export your Submitted Content outside of the Site and App; your doing so will be entirely at your own risk, for which IDEO shall not be liable.
You are solely responsible for all of your Submitted Content. You represent and warrant that: (i) you are the owner of all of your Submitted Content, (ii) you have all legal right and authority to (a) submit and post the Submitted Content to the Services and (b) grant IDEO and other users the license and rights to review and comment on your Submitted Content, (iii) your Submitted Content represents your own original work, (iv) all necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for the Submitted Content depicting people, products, businesses or other content) have been obtained for you to submit the Submitted Content and grant the rights and licenses contained herein, and (v) your Submitted Content will not infringe upon any other individual’s or entity’s rights, or result in any violation of any applicable law or regulation. You agree to defend, indemnify and hold IDEO harmless from any damages, losses, costs or expenses, including attorneys’ fees, that IDEO may incur as a result of your Submitted Content or your violation of this TOU.
Infringement Notification Procedures
It is IDEO’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, IDEO will promptly terminate without notice the accounts of users that are determined by IDEO to be “repeat infringers.” A repeat infringer is a user who has been notified by IDEO of infringing activity violations more than twice and/or who has had Submitted Content removed from the Site or App more than twice.
To file a copyright infringement notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
To expedite our ability to process your request, such written notice should be sent to our designated copyright agent via email at email@example.com or via regular mail to the following address:
150 Forest Avenue
Palo Alto, CA 94301
Attn: Legal Group / IDEO DMCA copyright infringement notification
For clarity, only DMCA notices should go to the IDEO designated copyright agent. Any other feedback, comments, requests for technical support or other communications should be directed to IDEO through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that under Section 512(f) of the DMCA, any person who materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorneys’ fees).
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
The process for counter-notifications is governed by Section 512(g)(3) of the DMCA.
To file a counter notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(g)(3) of the DMCA to confirm these requirements):
Send the written communication to our designated copyright agent via email at email@example.com or via regular mail to the following address:
150 Forest Avenue
Palo Alto, CA 94301
Attn: Legal Group / DMCA copyright infringement notification
Please note that under Section 512(f) of the DMCA, any person who materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain material infringes the rights of others, we suggest you consult your legal counsel.
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site or the App. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may request cancellation of your account at any time by sending an email to us at firstname.lastname@example.org.
Upon any termination, discontinuation or cancellation of Services or your account, all provisions of this TOU which by their nature should survive will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Materials and information on the Site and App may include technical inaccuracies or typographical errors. IDEO may make changes or improvements at any time without notice. The Materials, information and Services on the Site and App are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, IDEO provides the Site and App on the basis that IDEO excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose, efficacy and the use of reasonable care and skill) which but for this TOU might have effect in relation to the Site and App.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
YOU UNDERSTAND THAT IDEO DOES NOT WARRANT OR GUARANTEE ANY RESULTS OR OUTCOMES FROM YOUR USE OF THE SITE, MATERIALS OR APP. YOU UNDERSTAND THAT IDEO DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES IDEO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. IDEO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
To the maximum extent permitted by applicable law, IDEO and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with the Services in any way or in connection with the use, inability to use, or the results of use of the Services, any websites linked to the Services, or the Material, including but not limited to loss or damage due to viruses that affect your computer equipment, devices, software, data or other property on account of your access to, use of or browsing the Sites and App, uploading Submitted Content, or your accessing or using any Submitted Content or Materials from the Site or App or any website linked to the Site or App.
IN NO EVENT WILL IDEO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO IDEO FOR USE OF THE AFFECTED SERVICES AND ONE THOUSAND DOLLARS ($1,000.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IDEO AND YOU.
Nothing in this TOU shall exclude or limit IDEO’s liability for (i) fraud, willful misconduct or gross negligence; (ii) death or personal injury caused by IDEO’s negligence; or (iii) any liability which cannot be excluded or limited by law.
YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE NORTHERN DISTRICT OF CALIFORNIA.
You may not assign or transfer this TOU, by operation of law or otherwise, without IDEO’s prior written consent. Any attempt by you to assign or transfer this TOU, without such consent, will be null and of no effect. IDEO may freely assign or transfer this TOU without restriction. Subject to the foregoing, this TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by IDEO under this TOU, including those regarding modifications to this TOU, will be given: (i) by IDEO via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
IDEO’s failure to enforce any right or provision of this TOU will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IDEO. Except as expressly set forth in this TOU, the exercise by either party of any of its remedies under this TOU will be without prejudice to its other remedies under this TOU or otherwise.
If you have any questions about this TOU or the Services, please contact IDEO at email@example.com.