GoNoodle End User License Agreement and Terms of Use

Marketing Website Terms of Service

GoNoodle Product Terms of Service

 

Marketing Website Terms of Service

Last updated: August 12, 2019

Welcome to www.gonoodle.com, (the “Site”), owned and operated by GoNoodle, Inc. (“GoNoodle”, “we”, “us,” or “our”). PLEASE READ THIS AGREEMENT CAREFULLY.

 

Agreement to Terms of Service

These Terms of Service set forth an agreement (the “Agreement”) between you and GoNoodle. By using the Site, you (“user,” “you,” or “your”) agree to be bound by this Agreement.

 

Under this Agreement, GoNoodle offers users the ability to (i) use the Site and (ii) provide feedback and/or other material to GoNoodle. By accessing, browsing, linking, and/or downloading information from the Site, creating an account, and/or using the Site, you represent that you have read, understood, and agreed to be bound by each of the terms, conditions, and notices in this Agreement. 

 

This Agreement constitutes the entire agreement between you and GoNoodle with respect to any use of the Site, and it supersedes all prior and contemporaneous agreements or arrangements between GoNoodle and you in relation to the Site.

 

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Site is subject to our Privacy Policy.

 

Changes to Terms

We may modify the Agreement at any time, in our sole discretion. If we do so, we’ll let you know by posting the modified terms on the Site, or through other communications as required by law. It’s important that you review the Agreement whenever we modify them, because if you continue to use the Site after we have posted modified terms on the Site, you are indicating that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified Agreement, then you may not use the Site any longer.

 

Intellectual Property

This Site and related services are owned by GoNoodle, our licensors, or other providers of such materials.  For purposes of clarity, GoNoodle owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within the database associated with the Site.  This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the aforementioned content is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on appearing within the Site without prior, express, and written permission from the appropriate copyright holder. 

 

Furthermore, you acknowledge that all trademarks, service marks and logos, as well as all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that we post or make available through the Site (collectively, “Materials”) are owned by or licensed to GoNoodle and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Site or prepare any derivative works with respect to, or to disclose confidential information pertaining to the Site.  You agree not to remove, alter or obscure any Materials, including but not limited to any copyright, trademark, service mark, or other proprietary rights and related notices incorporated in or accompanying the Site.

 

For purposes of clarity, you acknowledge that you do not, and will not, acquire any intellectual property rights in the content appearing with the Site or related Materials, including, but not limited to, the underlying services and the content published herein, by your use of the Site.  Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence. No licenses or rights are granted to you by the terms of this Agreement with respect to any articles or trade journal materials which may be accessed by clicking on a third-party link on our Site. 

 

To request permission to modify or redistribute Materials for commercial purposes, please contact:

 

GONOODLE

209 10th Avenue South,

Suite 350,

Nashville, TN 37203

hello@gonoodle.com

 

Use of the Site

You are responsible for using the Site in accordance with this Agreement.

 

You will not: (i) decompile, disassemble, overburden, impair, alter or reverse engineer the Site; (iii) use the Site or any of our confidential information to develop a competing product or service; (iv) impersonate another user of the Site; (v) view or attempt to view records of another user; (vi) use automated systems, such as robots, spiders, or similar methods, to access the Site; or (vii) upload content, including videos, that do not comply with the terms of this Agreement.

 

You agree to abide by all applicable laws and regulations.  In addition, you may not use the Site to:

  • Upload, post, e-mail or otherwise transmit any material that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Site;
  • Upload, post, e-mail or otherwise transmit any material that You do not have the right to transmit under any law or under contractual or fiduciary relationships;
  • Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;
  • Attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
  • Circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content, or attempt to access or search the Site or download content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software provided by us or other generally available third-party web browsers;
  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

 

Although we’re not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of this Agreement or conduct that affects the Site.

 

Links to Third Party Websites or Resources

The Site may contain links to third-party websites or resources. We provide these links only as a convenience, and we are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website. Furthermore, you acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

 

Modification of the Site

GoNoodle, Inc. may, at any time and in its sole discretion, revise, modify, or otherwise change this Site, in whole or in part, without notice to you.

 

Links to this Site

You may hyperlink to the home page of GoNoodle.com from any Acceptable Site (as defined below); provided, however, that you comply with the following conditions:

 

  • You may not frame the Site or any portion of the Site;
  • The hyperlink to the Site is not used in a way that suggest that GoNoodle endorses you or your website or is affiliated with, or sponsors, your website;
  • You obtain GoNoodle’s prior written approval if you intend to use any logos, trademarks, or copyrighted material for such link;
  • The link to the Site is not used or presented in any way that disparages GoNoodle or tarnishes, blurs, or dilutes the quality of GoNoodle’s name or trademark or any associated goodwill;
  • Any link or authorized logo used as a link include appropriate legends or other proprietary notices; and
  • You agree that GoNoodle may terminate your right to link or hyperlink to the Site at anytime for any reason or for no reason, subject to the terms of this Agreement.

 

An Acceptable Site means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

 

Warranty Disclaimer

You expressly agree that your use of the Site is at your sole risk. THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. GONOODLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE OR  INFORMATION FOUND ON THIS SITE. GONOODLE MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS FREE.  GONOODLE, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SITE’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE.

 

YOU UNDERSTAND AND ACKNOWLEDGE THAT GONOODLE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. GONOODLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SITE. GONOODLE DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL GONOODLE, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE GONOODLE OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, GoNoodle’s liability is limited to the greatest extent permitted by law.

 

Relationship of Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and GoNoodle as a result of this Agreement or any use of this Site. You agree not to hold yourself out as a representative, agent, or employee of GoNoodle and shall not be liable for any representation, act or omission made by you.

 

Assignment

You shall not assign this Agreement or any of your rights and obligations under this Agreement. This Agreement shall inure to the benefit of GoNoodle’s successors, assigns, and licensees.

 

Governing Law and Jurisdiction

The Site are operated and provided in the State of Tennessee. As such, this Agreement is governed by and subject to the laws of the State of Tennessee, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Davidson County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of this Site, and consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. You agree that any legal issues arising from or related to your use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. GoNoodle makes no representation that the Site are appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if you choose to use the Site, you agree to do so subject to the internal laws of the State of Tennessee.

 

Severability

If any term or provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, the remaining portions of this Agreement (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of this Agreement, to the extent necessary to validate such term or provision.

 

Reservation of Rights

GoNoodle reserves to itself any and all rights not expressly granted herein.

 


 

 

 

Product Terms of Service

Last updated: August 12, 2019

 

These Terms of Service govern the use of the app.gonoodle.com website (the “Site”), mobile pages, and delivery of videos (collectively, the “Services”), owned and operated by GoNoodle, Inc. (“GoNoodle”, “we”, “us” or “our”). PLEASE READ THIS AGREEMENT CAREFULLY.

 

Agreement to Terms of Service

These Terms of Service set forth an agreement (the “Agreement”) between you and GoNoodle. By using the Site and/or Services, you, together with any entity that you represent (“user,” “you,” or “your”), agree to be bound by this Agreement.

 

Under this Agreement, GoNoodle offers users the ability to (i) use the Applications; and (ii) provide feedback and/or other material to GoNoodle. By accessing, browsing, linking, and/or downloading information from the Services, creating an account, and/or using the Services you represent that you have read, understood, and agreed to be bound by each of the terms, conditions, and notices in this Agreement. 

 

If you have entered into this Agreement on behalf of an educational institution (an “Institution”), you represent that you have the necessary authority to bind that Institution to this Agreement. If you do not have the necessary authority, or if you do not agree with any of these terms, then you may not use the Site and/or Services.

 

This Agreement constitutes the entire agreement between you and GoNoodle with respect to any use of the Services, and it supersedes all prior and contemporaneous agreements or arrangements between GoNoodle and you in relation thereto.

 

Changes to Terms

We may modify the Terms at any time, in our sole discretion. If we do so, notify you by sending an email to the email address of the account holder, posting the modified Agreement in the Services, or through other communications as required by law, and request your consent. If you don’t agree to be bound by the modified Terms, then you may not use the Services any longer.

 

Intellectual Property

This Site and related Services are owned by GoNoodle, our licensors, or other providers of such materials.  For purposes of clarity, GoNoodle owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within the database associated with the Services.  This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the aforementioned content is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on appearing within the Services without prior, express, and written permission from the appropriate copyright holder. 

 

Furthermore, you acknowledge that all trademarks, service marks and logos, as well as all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that we post or make available through the Services (collectively, “Materials”) are owned by or licensed to GoNoodle and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Materials or prepare any derivative works with respect to, or to disclose confidential information pertaining to the Materials and/or Services.  You agree not to remove, alter or obscure any Materials, including but not limited to any copyright, trademark, service mark, or other proprietary rights and related notices incorporated in or accompanying the Services.

 

For purposes of clarity, you acknowledge that you do not, and will not, acquire any intellectual property rights in the content appearing with the Services or related Materials, including, but not limited to, the underlying services and the content published herein, by your use of the Services.  Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Services and to download and print any content provided by us, solely for your personal and non-commercial purposes.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.

 

To request permission to modify or redistribute Materials for commercial purposes, please contact:

 

GONOODLE

209 10th Avenue South,

Suite 350,

Nashville, TN 37203

hello@gonoodle.com

 

Your Grant of License to Us

You grant to us a non-exclusive, limited, worldwide license to use documents, information, content and other materials uploaded by you to the Services solely for the purpose of providing the Services to you. You are solely responsible for obtaining all rights and permissions for any information you upload to the Services.

 

Use of the Services

Access to certain portions of the Services is restricted to registered users.  When you register for our Services, you will be required to provide your name, telephone number(s), e-mail, street address, organization name, as well as and other personally identifiable information (“Personal Information”) in order to create an account with us (an “Account”).  By providing such information, you acknowledge and agree that we may, and you specifically authorize us or our selected third parties to, process all transactions related to the Services, including without limitation purchases and/or registration for products and/or Services.  You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Services and/or through your Account.

 

Registration and Security.  You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering.  When you create an Account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party.  You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, if your password has been lost or stolen, if someone has attempted to use the Services and/or Site through your Account without your consent, or if your Account has been accessed without your permission).  We strongly recommend that you do not use the Services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.

 

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site in order to reconstruct any lost data.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or to your downloading of any material posted on it, or on any third-party website linked to it.

 

Your Responsibilities.  Once an Account has been created, educators are permitted to use the Account only to display the Applications to  the students in their classrooms. Creation of a family account permits you to authorize your children under the age of 13 to access the Services using your family account credentials. 

 

You are responsible for using the Services in accordance with this Agreement, and for all activity that occurs under your Account, and the Account of your child or the students for whom you authorize access. For your Account and the Account(s) of any children or students for whom you authorize access, you shall (i) maintain the confidentiality of the user names and passwords; (ii) promptly notify GoNoodle if you know or suspect a security incident, including any unauthorized use of user names and passwords; (iii) represent and warrant that the information provided to establish your account(s) is true and accurate, and that you will promptly update that information in the event of any change.

 

You will not: (i) permit any third party to access the Services using your Account information; (ii) decompile, disassemble, overburden, impair, alter or reverse engineer the Services; (iii) use the Services or any of our confidential information to develop a competing product or service; (iv) impersonate another user of the Services or provide false information to gain access to the Services; (v) view or attempt to view records of another user; (vi) use automated systems, such as robots, spiders, etc., to access the Services or (vii) upload content, including videos, that do not comply with the terms of this Agreement.

 

You agree to abide by all applicable laws and regulations.  You may not use the Services to:

 

  • Upload, post, e-mail or otherwise transmit any material that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Services;
  • Upload, post, e-mail or otherwise transmit any material that You do not have the right to transmit under any law or under contractual or fiduciary relationships;
  • Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;
  • Attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
  • Circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content, or attempt to access or search the Site or download content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software provided by us or other generally available third-party web browsers;
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

 

Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of this Agreement or conduct that affects the Services.

 

You may upload content, including videos and other materials to the Services, but you may not upload to, or distribute or otherwise publish through the Services any content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

Subscription Fees / Termination.  We offer both free and paid subscriptions to educators, schools and districts. Educators, schools and districts may purchase a subscription to the paid version of the Services (“Plus”). 

 

The subscription price grants you access to GoNoodle Plus for one month or one year from the date of subscription, depending on which option you selected at the time of purchase. There is no pro-rating of the subscription price. Your account shall be automatically renewed unless terminated by you prior to the end of the then-current subscription period. GoNoodle reserves the right to terminate your account at any time; provided, however, that you shall continue to have access to the Services subject to this Agreement, inclusive of our Privacy Policy until the expiration of your then-current subscription period. GoNoodle’s right of termination is in addition to any other available legal or equitable remedies for your breach of this Agreement.

 

If an educator, school or district purchases a subscription to Plus, aggregated usage data will be shared with the school or district. 

 

If an educator, school or district accepts a subscription to Plus that has been paid for by a third-party company,  we will provide aggregated, de-identified usage data to that third party. 

 

Privacy

You represent that you comply with, and will comply with, all applicable privacy laws with respect to the personally identifiable information collected, stored and maintained through the Services, as well as with all applicable business regulations.

 

GoNoodle is committed to protecting the privacy of Your personally identifiable information.  To read more about how we collect, use, and protect Personal Information, as well as the rights you may have to access, change, and delete your Personal Information, please see our Privacy  Policy.  We reserve the right to modify this Privacy Policy in accordance with the procedure outlined therein.

 

Privacy Notice for Educators

The Services are intended for use by educators to display on their screen to their students. We do not collect Personal Information from or about students, and students are not permitted to create accounts.

 

Children’s Online Privacy Protection Act (“COPPA”)

When GoNoodle is used in the home, children may use limited features without creating an account. Access to the full GoNoodle experience is available only with an account that is created by and authorized by a parent or legal guardian. The account holder may authorize access to children using the account holder’s credentials.  You can learn more about our compliance with COPPA by reviewing the related section within our Privacy Policy.

 

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website. Furthermore, you acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

 

Termination

We may terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. Users may request deletion of their Accounts, and parents may request deletion of their children’s accounts by emailing support@gonoodle.com. When you delete your Account or your child’s Account, that account cannot be recovered.

 

Upon any termination, deletion or cancellation of your Account, all provisions of this Agreement, which by their nature should survive will survive, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

Modification of the Services

GoNoodle may, at any time and in its sole discretion, revise, modify, or otherwise change the Services, in whole or in part, without notice to you.

 

Availability and Use of Services

The availability of this Services depends on many factors, including some factors that are beyond GoNoodle’s control, such as your connection to the Internet and the Internet backbone. GoNoodle shall not be liable to you if you cannot access the Services due to reasons that are beyond GoNoodle’s control. 

 

Digital Millennium Copyright Act  (17 U.S.C. § 512) (the “DMCA”) Policy

All notices of copyright infringement claims should be sent to the copyright agent designated in our link to DMCA Policy in the manner and by the means set forth therein.  We have filed notice of our Designated Agent with the U.S. Copyright Office.

 

If you believe that any user contributions to the Site and/or Services violate your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is the policy of GoNoodle to terminate the Account of a repeat infringer.

 

Warranty Disclaimer

You expressly agree that your use of the Services is at your sole risk. THE SERVICES, THE SITE, AND ALL CONTENT THEREIN, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE CONTENT PUBLISHED ON THE SERVICES MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. GONOODLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICES OR  INFORMATION FOUND ON THIS SITE. GONOODLE MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS FREE.  GONOODLE, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO THE SERVICES, THE SITE, AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO ANY RESULTS OF THE USE OF ANY CONTENT ON THE SERVICES AND/OR THE SITE.

 

YOU UNDERSTAND AND ACKNOWLEDGE THAT GONOODLE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THE SERVICES. GONOODLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SERVICES. GONOODLE DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL GONOODLE, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SERVICES, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE GONOODLE OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, GoNoodle’s liability is limited to the greatest extent permitted by law.

 

Relationship of Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and GoNoodle as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of GoNoodle and shall not be liable for any representation, act or omission made by You.

 

Assignment

You shall not assign this Agreement or any of your rights and obligations under this Agreement. This Agreement shall inure to the benefit of GoNoodle’s successors, assigns and licensees.

 

Governing Law and Jurisdiction

The Services are operated and provided in the State of Tennessee. As such, this Agreement is governed by and subject to the laws of the State of Tennessee, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Davidson County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Services, and consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. You agree that any legal issues arising from or related to your use of the Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. GoNoodle makes no representation that the Services are appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if you choose to use the Services, you agree to do so subject to the internal laws of the State of Tennessee.

 

Severability

If any term or provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, the remaining portions of this Agreement (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of this Agreement, to the extent necessary to validate such term or provision.

 

Reservation of Rights

GoNoodle reserves to itself any and all rights not expressly granted herein.

 

Other Terms

GoNoodle’s failure to insist on or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of this Agreement, and together with this Agreement constitutes the entire agreement between GoNoodle and you with respect to Your use of the Services. Any cause of action you may have with respect to your use of the Services or that is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises.

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