Terms and Conditions - Toddle Community

1. Introduction

The Community Terms and Conditions read together with Toddle’s Privacy Policy, Terms of Service and Terms of Use define the terms and conditions for use of and participation in Toddle Community. You are required to read, understand and agree to the terms and conditions outlined in all the four documents before using Toddle Community. All of these can be accessed at the Privacy Centre of Toddle(staging-www.toddleapp.com/pc).

This document (Terms and Conditions – Toddle Community) is to summarise the guidelines using in Toddle Community. For definitions of the terms, please refer to the Toddle Terms of Service (staging-www.toddleapp.com/tos)

These terms and conditions govern your use of Toddle Community. Toddle’s services include, but are not limited to, features such as creating unit plans, lesson plans, resources for usage in class, creating student portfolios, generating student report cards, taking student attendance, etc. Toddle Community is a forum that Toddle is hosting wherein teachers can share unit plans, lesson plans, educational material etc., collectively referred to as “Resources” hereafter, on the Toddle platform. Users can share these resources with other users on Toddle. Users can also access resources shared by other users on Toddle. Users can also create their profiles and their schools’ profiles on Toddle Community.

2. Declaration from the User

User hereby undertakes that they are qualified to enter into a binding contract with the Service Provider.

The services under the ambit of Toddle Community are not meant to be used by underage minors. The user hereby undertakes that they are at least 13 years of age.

3. Terms of Use for schools

• You grant the Service Provider and other users the right to use, publish, modify, create a derivative of, market, adapt, display or distribute any resources that you submit on Toddle Community. The Intellectual Property Rights of the content that you create belong to you.
• You undertake that users affiliated with your school and submitting any resources are the owner of or have all required rights, licenses, consents, and permissions to use any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, of any content that you upload on the Service and grant the rights granted herein to the Service Provider.
• You understand and grant other users of Toddle the right to use, publish, modify, create a derivative of, adapt, display or distribute any content that users affiliated to your school share as a part of the Toddle Community.
• You understand and acknowledge that you have no objection to users affiliated with your school using the Toddle Community.
• You understand and acknowledge that you have no objection to users affiliated with your school submitting resources that they might have created or added as a collaborator into or have access to in any other way to the Toddle Community.
• You understand and acknowledge that the resources shared as a part of the Toddle Community contain material with IB copyright. You undertake that you will use these resources only if you are affiliated with the IB. In case you cease to be affiliated with the IB, you will immediately stop using any and all resources shared by the Service Provider.
• Toddle does not allow sharing of media in the evidencing section of the units as it may contain personally identifiable information of users. You understand and undertake that users affiliated with your school will not share resources on Toddle Community that may contain Personally Identifiable Information of anyone.
• Subject to your compliance with the terms laid out in this document, Toddle (Service Provider) grants all users affiliated with your school a revocable, nonexclusive, limited, worldwide copyright license to download, copy, modify, use, reuse resources that have been shared by Toddle users without permission of the creator of the resource. However, you do not have the permission to compile these resources and replicate a similar or competing service.
• You understand and acknowledge that your access to resources does not give you the right to use:
  • Trademarks, logos, or brands that may appear in the resources
  • Any personally identifiable information that may appear in the resources

4. Terms of Use for teachers

• You understand and acknowledge that you are accessing the Services on behalf of the Subscriber (your school).
• You will use the Services responsibly, and for academic purposes only
• You grant the Service Provider the right to use, publish, modify, create a derivative of, market, adapt, display or distribute any content that you submit on Toddle Community. The Intellectual Property Rights of the content that you create belong to your school.
• You undertake that you are the owner of or have all required rights, licenses, consents, and permissions to use any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, of any content that you upload on the Service and grant the rights granted herein to the Service Provider.
• You understand and grant other users of Toddle the right to use, publish, modify, create a derivative of, adapt, display or distribute any content that you share as a part of the Toddle Community.
• You understand and acknowledge that your school (the Subscriber) has no objection to your participation in Toddle Community.
• You understand and acknowledge that your school (the Subscriber) has no objection to your submitting resources that you might have created or added as a collaborator into or have access to in any other way to the Toddle Community.
• You understand and acknowledge that the resources shared on the Toddle Community contain material with IB copyright. You undertake that you will use these resources only if you are associated with an IB school.
• Toddle does not allow sharing of media in the evidencing section of the units as it may contain personally identifiable information of users. You understand and undertake that you will not share resources on Toddle Community that may contain Personally Identifiable Information of anyone.
• Subject to your compliance with the terms laid out in this document, Toddle (Service Provider) grants you a revocable, nonexclusive, limited, worldwide copyright license to download, copy, modify, use, reuse resources that have been shared by Toddle users without permission from the creator of the resource. However, you do not have the permission to compile these resources and replicate a similar or competing service.
• You understand and acknowledge that your access to resources does not give you the right to use:
  • Trademarks, logos, or brands that may appear in the resources
  • Any personally identifiable information that may appear in the resources

5. General Terms of Use

• You will not use the Services in a manner that may violate any applicable laws, rules or regulations.
• You undertake that you will not allow any form of unauthorised access to any personnel that are not affiliated with the Subscriber. You will not transfer or give access of your account to anyone without the written consent of the Service Provider.
• You undertake that in case of termination of your association with your school, you will cease to access the Services through your school’s credentials.
• You undertake that you will not help reproduce, duplicate, reverse engineer or otherwise attempt to obtain the source code of any features of the Service without Service Provider’s written consent.
• You undertake that you will not share or facilitate unauthorised access to any document or other medium containing Confidential Information or Intellectual Property Rights of the Service Provider.
• You undertake to use the Service for personal, non- commercial, academic purposes only.
• You understand and agree that under no circumstances will Service Provider be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
• You warrant, represent and agree that you will not contribute any content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or other rights of any third party; (ii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iii) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password.
• You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
• You undertake to not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User.
• You undertake to not use any manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service Provider.

6. Limitation of Liability

• Service Provider shall not be liable for any loss of profits, business, goodwill, revenue, sales, or data, or for any indirect, consequential, incidental or special loss or damages of any kind under or in connection with this Agreement, save where such loss or damage is due to Service Provider’s gross negligence or willful violation of the terms of this Agreement. Notwithstanding aforesaid, the Service Provider’s maximum liability due to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, statutory duty, or otherwise, shall in no case exceed the equivalent of three (3) months in subscription fees for the relevant Subscription Period. Subscriber shall not have the right to terminate this Agreement unless such loss or damage is due to Service Provider’s gross negligence or willful violation of the terms of this Agreement.
• Service Provider shall not be liable for damages for any delay or default in performance of its undertakings of obligations under this Agreement, if such delay or default is caused by force majeure, including but without limitation thereto, wars, insurrections, fires, passing of laws or any governmental order, regulation or ruling, or any other act(s) beyond the reasonable control of Service Provider, and Subscriber shall not have the right to terminate this Agreement unless such delay or default in performance is caused by force majeure for a period of more than six (6) months. During the force majeure event, Service Provider will use all reasonable efforts to avoid, reduce or eliminate the force majeure event’s prevention, restriction or delay of the performance of its obligations under this Agreement.

7. Applicable Law and Dispute Resolution

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the Courts of Bengaluru, India.

8. Indemnity

You are responsible for your use of the Service. You agree to defend and indemnify Toddle, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.

9. Contact Information

Please write to privacy@toddleapp.com in case you have any questions or observations with regards to this policy.