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Rethink Yearbooks Terms Of Service

 

Rethink Yearbooks allows schools and school administrators ("School"), and parents to create and offer personalised yearbooks through the Rethink Yearbooks website and software (the "Services"). The following terms and conditions ("Terms") govern the access and use of the Services and constitute a binding legal agreement between you, as a user of the Services, and Rethink Yearbooks. Your access to and use of the Services is conditioned on your compliance with these Terms. By accessing and/or using Services you agree to be bound by these Terms. If you are a parent volunteer, you are agreeing to these Terms on behalf of yourself, your child(ren) and your school to use the Services. If you do not agree with these Terms, you may not use the Services. If you are a school administrator or teacher, these Terms apply to your use of the Services, unless your School has agreed to different or supplementary terms in a separate written agreement with Rethink Yearbooks.

 

Privacy

All personal information that you provide is subject to our Privacy Policy (See Below), which governs our collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.

 

Access Codes

In order to access the Services, you must receive an access code from your School. If you are a parent, your access to and use of the Services will be subject to privileges and restrictions set by your School. If you have problems accessing a Rethink Yearbooks account set-up with a third party access code we recommend you check with the School that provided you with the related access code. Rethink Yearbooks will have no responsibility to you or any other third party for your inability to access or use the Services related to such an account and disclaims any liability related thereto.

 

The school obligations

The following terms apply to school administrators and teachers, regarding the School’s obligations related to the Services. The School is responsible for ensuring that its and any other user’s use of the Services under Rethink Yearbook’s agreement with the School will not violate any applicable U.S., state, or foreign law or regulation, including without limitation, applicable privacy laws. The School will be solely responsible (and the School hereby agrees that Rethink Yearbooks is not responsible) for compliance with the Family Educational Rights and Privacy Act and the Child Online Privacy Protection Act (COPPA), including without limitation, by limiting access to the Services to those student users from whom the School has received valid consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. The School is responsible for disseminating parental consent forms to parents of potential student users, for confirming receipt of valid consent forms for each child before granting a parent and/or that parent’s child an access code for the Services, and for retaining such consent forms on file. The School must provide parent users with the option to agree to the collection and use of such parent’s child’s personal information without agreeing to the disclosure of the information to third parties. If a parent user does not consent or rescinds such consent, the School shall immediately notify Rethink Yearbooks to discontinue that child’s access to the Services and ensure that such child’s information is no longer accessible through the Services. In any case, however, Rethink Yearbooks may provide any collected information to third parties who use it to provide support for the internal operations of Rethink Yearbooks.

The School decides who has access to what information and Content and who can delete or modify the information and Content. The School is responsible for providing parent users access to their child’s profile so the parent user may review, modify, or delete any student user information contained in the student user’s profile by allowing the parent to edit the child’s profile on the Services. The School (and not Rethink Yearbooks) is solely responsible for all consequences of the performance or non-performance of its obligations in this Section of the Terms; Rethink Yearbooks hereby disclaims any and all liability for the School’s failure to perform its obligations under the Terms.

 

Your content

Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials uploaded, downloaded, or otherwise available through the Services ("Content"), to be used through the Services. You may not post Content that is libelous, defamatory, obscene, abusive, or that violates a third party’s proprietary and privacy rights or that otherwise violates any applicable law. You may not post Content that degrades others on the basis of gender, race, class, ethnicity, national origin, sexual preference, disability or other classification. You grant Rethink Yearbooks and your School (including its related third party vendors, including but not limited to photographers and yearbook publishers) a nonexclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access any Content in connection with the Services and Rethink Yearbooks’s business, including, without limitation, publishing and redistributing Content in the School yearbooks. Rethink Yearbooks does not claim any ownership rights in any of your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of your Content.

You will be responsible for the Content that you make available through the Services. Accordingly, you either are the owner of the Content that you make available through the Services or you have the right, license, or permission necessary to grant to Rethink Yearbooks the rights in such Content; and the Content you provide (and Rethink Yearbook’s or your School’s use of that Content) will not infringe, misappropriate or violate a third party’s proprietary rights, or result in the violation of any applicable law or regulation. Rethink Yearbooks respects copyright law and expects its users to do the same. 

Your School has the right to edit or remove any of your Content at any time for any reason at their sole discretion. If you dispute the editing or removal of any of your Content, you must contact your School for resolution of the dispute. Rethink Yearbooks disclaims all liability for such editing or removal and will not arbitrate any disputes over removal of your Content with you and your School.

 

Ownership of the Services

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Rethink Yearbooks and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services ("Feedback") will be the sole and exclusive property of Rethink Yearbooks and you hereby irrevocably assign to Rethink Yearbooks all of your right, title, and interest in and to all Feedback.

 

General Prohibitions

You agree not to do any of the following while using the Services:

• Modify, adapt, copy, alter, make derivative works of, attempt to decipher, decompile, disassemble or reverse engineer any portion of the Services;

• Violate any applicable law or regulation, including, without limitation, privacy laws, export laws, and the Child Online Privacy Protection Act;

• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

• Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, Rethink Yearbooks’s name, any Rethink Yearbooks trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Rethink Yearbooks’s express written consent;

• Access, tamper with, or use non-public areas of the Services, Rethink Yearbooks’s computer systems, or the technical delivery systems or any technological measure implemented by Rethink Yearbooks or Rethink Yearbooks’s providers to protect the Services;

• Attempt to access or search the Services 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 and/or search agents provided by Rethink Yearbooks or other generally available third party web browsers;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or

• Encourage or enable any other individual to do any of the foregoing.

Rethink Yearbooks will have the right to investigate and prosecute violations of any of the above, to the fullest extent of the law. Rethink Yearbooks may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rethink Yearbooks has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links and third party websites

 

The Services may contain links to third party websites, including but not limited to websites of third party. You acknowledge and agree that Rethink Yearbooks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rethink Yearbooks of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Rethink Yearbooks cannot ensure that you will be satisfied with the products, services, or business practices of such third parties.

 

Termination

If you breach any of these Terms, Rethink Yearbooks and/or your School will have the right to suspend or disable your access to the Services, at their sole discretion and without prior notice to you. If you are the parent using the Services, and cease to agree with Rethink Yearbook’s Terms and Privacy Policy at some point in the future, you may terminate your access by contacting Rethink Yearbooks and/or the School. Once your access terminates for any reason, you will not be permitted to use the Services.

Disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Without limiting the foregoing, Rethink Yearbooks EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Rethink Yearbooks makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Rethink Yearbooks makes no warranty regarding the quality of any products or services purchased or obtained through the Services or any third party site. No advice or information, whether oral or written, obtained from Rethink Yearbooks or through the Services, will create any warranty not expressly made herein. 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. Rethink Yearbooks 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.

Indemnity

If you are a parent or student user of the Services, you agree to defend, indemnify, and hold Rethink Yearbooks and School and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms, including any claims that your Content infringes or violates any proprietary right of a third party If you are a School, you agree to defend, indemnify, and hold Rethink Yearbooks and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your or your students’ access to or use of the Services, or your or your students’ violation of these Terms, including any claims that your or your students’ Content infringes or violates any proprietary right of a third party.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. RETHINK YEARBOOKS AND SECOND INNINGS LLC WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RETHINK YEARBOOKS AND SECOND INNINGS LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

 

Controlling law and jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.

Waiver and Severability

The failure of Rethink Yearbooks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Rethink Yearbooks and you regarding the Services, and supersede and replace any and all prior oral or written understandings or agreements between Rethink Yearbooks and you regarding the Services.

Modification

Rethink Yearbooks reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also indicate when such terms are effective at the top of the page. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Contacting Rethink Yearbooks

The Services are owned and operated by Rethink Yearbook. If you have any questions about these Terms, please contact Rethink Yearbooks at admin@rethinkyearbooks.com

Effective: August 18, 2022

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