The term "Flocabulary", "us" or "we" refers to Flocabulary Inc., the owner of this website (which includes both Flocabulary.com and all of its subdomains) and its affiliated entity, Nearpod Inc. The term "you" refers to you, as a User, Student or Viewer of our website.
1. General terms
- The public portions of this website are provided for potential Users.
- Only school staff and parents or guardians may become Users. Do not register for Flocabulary as a User for a trial or paid plan unless you represent a class, school or district, or are a parent or guardian of a learner.
- School staff may invite students to participate in Flocabulary directly through individual accounts under certain plans: www.flocabulary.com/plans.
- Parents and guardians are permitted to share their accounts directly with their children to the extent they see fit.
- You may need to download additional software from third parties to view aspects of our website; if so, your use of such software will be governed by your agreement with those parties.
- You must comply with any Flocabulary policies regarding the acceptable use of Flocabulary with respect to student-generated content or Student-to-Student communication (our “AUP”); however, we may enforce our AUP in our sole discretion, and you may want to promulgate and enforce your own guidelines and policies above and beyond the Flocabulary AUP for Students and Users through your account using the content review and moderation tools provided by Flocabulary.
- Users are entirely responsible for the actions of Students. We will enable you to comply with the Family Educational Rights and Privacy Act (FERPA) by appropriately limiting how we use Student data and by following your instructions with respect to the treatment of Student data.
- The general terms of each subscription plan or free trial are available at www.flocabulary.com/plans.
- Free Trials
- Free trials are not available to anyone under the age of 18.
- You may only register as an individual for the 14-day Free Trial Offer once.
- Representatives of schools and districts may request one or more trial periods as needed to evaluate Flocabulary, which will be granted in our sole discretion.
- By registering for a free trial, you consent to our contacting you to follow up on your experience with Flocabulary and potential purchase of a paid license.
- Plans paid with a credit card:
- By providing your credit card to pay for a paid plan, you agree to pay us the fees indicated for that plan.
- Payments will be charged on the day you sign up for a service and will cover the use of that service for the time period specified for the requested plan.
- Plans (other than school-wide or district plans) that are not cancelled before the end of the applicable subscription period will automatically renew and you authorize us to collect the then-applicable subscription fee for such service using any credit card or other payment mechanism we have on record for you.
- Subscription fees are non-refundable, though a subscription can be canceled anytime. If you cancel your subscription, you will have access until your next billing date and will not be billed again.
- Plans paid for with a purchase order:
- By submitting a purchase order, you agree to pay in full within 30 days of receiving an invoice from us, unless otherwise specified in a Flocabulary Order Form.
- You may not use our website or the Content in any of the following ways:
- for any commercial purpose without our prior express permission;
- in a manner that could damage, disable, overburden, or impair our servers or networks;
- by obtaining unauthorized access;
- using any automated tools, scrapers, robots, data mining or similar data gathering or extraction tools; or
- that infringes the rights of any third party, including the intellectual property of any third party.
- You may not post Usernames or Passwords on any website. You may only post class codes and activation links on password protected websites accessible by only your school community. They may not be posted on public websites.
- You are responsible for ensuring that Students comply with these usage terms.
- We reserve the right to adopt and enforce other appropriate usage guidelines for Generated Content from time to time.
- We provide (or may at some point provide) data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") to you.
- As between you and us, we own the Content and any improvements to the Content.
- The plans we offer specify what Content you can access, who may access the Content through you and the number and/or type of devices you may use to access the Content.
- We grant to you (and, where applicable, your Students) a non-exclusive license to view and display the Content for only so long as we make it available to you under your plan through the website.
- We reserve the right to change the Content we make available to particular Users or Students at any time, at our sole discretion.
- If you provide any suggestions for Content or improvements to Content or our website, you grant us a royalty free, non-exclusive, perpetual irrevocable, worldwide non-exclusive license to use, copy, display, and modify those suggestions in any manner we choose.
- We provide the Content in the hope that it will be educational and appropriate for a wide range of learners. You must determine during your trial period and thereafter whether the Content (and which Content) meets your needs and those of your learners.
- We don’t guarantee that the website will be continuously operational, and we assume no liability relating to interruptions in your use of our website or errors in the Content.
- Accordingly, this website and all Content is provided on an "as is" basis, and your use (and Students’ use) of this website and the Content is at your and their own risk, without warranties of any kind, express, statutory or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- We disclaim any warranty or liability for the accuracy, timeliness, performance, completeness or suitability of the Content and any information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Neither Flocabulary nor any of its officers, directors, employees, partners, agents, affiliates or licensors be liable to you or any other person for any indirect, incidental, special or consequential damages arising out of or relating to your use of our website or Content.
- If you are not currently a User under a paid plan with Flocabulary, your sole and exclusive remedy for our negligence or breach of these terms shall be for you to discontinue your use of our website and Content.
- If you are a User under a paid plan with Flocabulary, our maximum liability to you (for any claim whatsoever, including direct claims or claims for indemnification) shall be the aggregate amount that you paid us within the prior 12 months.
- If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such websites and you waive all claims against us from your use of such websites.
- You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates ad licensors from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of our website and Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
- These Terms Use and your use of this website and the Content will be governed by the law of the state of New York (except for its rules regarding conflict of laws).
- This means that you may not bring a claim anywhere else, and that claims against you may be brought in New York County, New York. You may not subsequently argue that New York County, New York is not a convenient forum for you.
- Notices to Nearpod should be sent to:
1855 Griffin Road, A-290
Dania Beach, FL 33004
Effective Date: August 1st, 2021
For historical versions of these Terms, please click here.