Terms of Service
This Terms of Service covers the general population. Your Licensing Organization may have a customized Terms of Service for their contract. Inquire with your help desk or district support personnel if you would like to find out if your organization is covered by a custom Terms of Service.
1. Acceptance of rubric-maker.com Terms of Service
Welcome to rubric-maker.com (the "Service").
The Service is controlled, operated and administered by Tech4Learning, Inc., a United States company, from its offices in the U.S. By using the Service, you agree to be bound by the laws of the United States regarding the resolution of disputes. Tech4Learning, Inc. ("Tech4Learning") reserves the right to update and change, from time to time, these Terms of Service and any documents incorporated by reference.
2. Description of the Service and Definitions
With a membership account, and depending on your membership level, you have access to certain services, features and tools, including but not limited to, the ability to create digital content in the Service and to organize, store, edit and share that content with members of your licensed organization and/or with the general public. The content you create by using the Service, shall be hereinafter referred to as "Your Content". Any portions of Your Content that you choose to share with other users of the Service or the general public (collectively "Other Users") shall be hereinafter referred to as "Your Shared Content". Content that Other Users share with you shall be hereinafter referred to as "Shared Content".
Membership is restricted to users that have created an account for individual use, or are assigned by a licensing organization or licensing individual, hereafter referred to as "Licensee". Some membership levels allow the Licensee to assign memberships to other individuals. Memberships are for unique individuals and cannot be shared. The Licensee may assign and revoke memberships at will. Tech4Learning makes no guarantee to maintain access to Your Content for any period of time after a membership has been canceled, terminated, or revoked.
4. Collection of Personal Information
a. What Tech4Learning Collects
i. Information Provided to Tech4Learning by the Licensee - Required
When the Licensee registers to use the Service or provides memberships to individuals, they are required to provide certain information as part of the registration process which may include, but is not limited to, a first and last name, a unique identifier, a password, and a membership level ("Required Personal Data").
ii. Information You Provide to Tech4Learning - Optional
The Service provides tools that allow you to provide us with additional information about you - including, but not limited to, a personal photograph ("Optional Personal Data"). You are under no obligation to provide this information; it is completely voluntary.
iii. Automatic Information Gathering - Required
Once you register for the Service, and whenever you sign in and use the Service thereafter, certain information about your behaviors while using the Service is automatically collected. This information includes, but is not limited to, the amount of content you have created, which content is publicly shared, which features you use or do not use, the metadata and meta-tags associated with your content, the date and time of each sign-in, and service generated errors ("Specific Server Data"). Collection of this information is integral to the Service offering, and, as we explain in Section 4(b)(i) below, we cannot provide the functionality of the Service without it. If you do not wish to have this information collected and used for the purposes described below, then please do not use the Service.
b. How the Service Uses Your Information
i. Operation of the Service
The Service uses the Required Personal Data and the Specific Server Data for purposes of operating the Service, including for purposes of communicating with you about operational topics. For instance, if your membership is about to expire, we will use the information you provide to communicate that fact to you.
Some of the Required Personal Data and Specific Server Data is used for improving our Service and for internal auditing, analysis, and reporting purposes.
5. Sharing Your Content
One of the main purposes of the Service is to facilitate sharing content created using the Service. The Service enables sharing of Your Content in several ways that include, but are not limited to:
a. by printing and distributing Your Content;
b. by downloading and distributing Your Content;
c. by sharing your content with other members of a Licensing Organization if you are a member of the organization.
Sharing any of Your Content indicates your grant of certain rights in and to Your Shared Content to Other Users as further described below in Sections 7 (b) and 8. Please be aware that when you share Your Content, you may also make your first and last name publicly available.
6. Use of Your Content
a. By Tech4Learning
Tech4Learning does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do. Therefore, with respect to Your Content, you grant Tech4Learning a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), non-exclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to Your Shared Content, you additionally grant Tech4Learning the rights to distribute, publicly perform and publicly display Your Shared Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense Your Shared Content to Other Users subject to the limitations of Section 7 below. Operating the Service includes featuring and promoting those portions of Your Shared Content that you make publicly available solely within the Service. These limited licenses do not grant Tech4Learning the right to sell or otherwise license Your Content or Your Shared Content on a stand-alone basis. Further, you may terminate Tech4Learning's right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Tech4Learning's rights by removing Your Content from the Service. Upon removal of Your Content from the Service or upon making Your Shared Content no longer shared, Tech4Learning shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that Tech4Learning shall have the right to keep archived copies of Your Content.
b. By Other Users
You hereby grant Other Users a worldwide (because the internet is global), royalty-free (meaning that Other Users do not owe you any money), non-exclusive (meaning you are free to license Your Content to others) license to view, download, print, distribute, publicly perform and publicly display Your Shared Content subject to the limitations in Section 9. If you do not wish to grant these rights in Your Shared Content, do not share Your Content. While you have the ability to remove Your Content from the service and/or the public areas within the Service and thus prevent future rights from being granted, you acknowledge and agree that once Your Shared Content has been shared, Tech4Learning can neither monitor nor control what Other Users do with it.
7. Use of Shared Content and Tech4Learning Materials
Subject to the following conditions, Tech4Learning grants you a worldwide, royalty-free, non-exclusive license to view, download, print, distribute, publicly perform and publicly display Tech4Learning Materials. Your use of content shared by Other Users with you via the Service or that Other Users make publicly available via the Service ("Shared Content") is also subject to the following conditions unless otherwise specified herein.
a. Your rights granted by this Section are limited to your personal, informational, non-commercial, and, in the case of a Licensing Organization, internal purposes only;
b. You may not sell, rent, lease or license Shared Content or Tech4Learning Materials to others;
c. You may not modify or alter Shared Content or Tech4Learning Materials unless authorized to do so; and
d. You may not remove any text, copyright or other proprietary notices contained in Shared Content or Tech4Learning Materials.
Tech4Learning uses reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links, failure of communications equipment, malicious activity, and Acts of God that are beyond our control. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
9. Storage of Your Content
Tech4Learning provides online storage for Your Content. Tech4Learning will store your content for at least 30 days after the expiration of the Service with the Licensee.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Tech4Learning expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
a. Without limiting the foregoing, Tech4Learning makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (Iv) any errors in the Service will be corrected.
b. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
c. No advice or information, whether oral or written, obtained by you from or through the Service or a representative of Tech4Learning shall create any warranty not expressly stated in these Terms of Service.
11. Limitation of Liability
You expressly understand and agree that Tech4Learning shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damage, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tech4Learning has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. IN ANY EVENT DAMAGES AGAINST TECH4LEARNING ARE LIMITED TO SUBSCRIPTION FEES PAID BY THE YOU DURING THE PRECEDING TWELVE MONTHS.
a. Service Fees
At some membership levels, use of the Service is subject to the payment of fees (the "Service Fees") by the Licensee. Tech4Learning will collect the relevant Service Fees for most services in advance of each Service Term. The Licensee is responsible for paying all taxes levied in connection with the use of the Service.
b. Automatic Renewal of Subscriptions
When a Licensee purchases a subscription for the Service, the subscription is set to automatically renew upon its expiration. Tech4Learning may choose to grant a Licensee a grace period to process the purchase of a subscription renewal if the Licensee is an educational institution. A grace period must be requested in advance of the subscription expiration. The grace period will be applied at the sole discretion of Tech4Learning.
c. Collection of Service Fee
The Licensee agrees that in the event Tech4Learning is unable to collect the Service Fees owed to Tech4Learning for the Service, Tech4Learning may take the steps it deems necessary to collect such Service Fees and that the Licensee will be responsible for all costs and expenses incurred by Tech4Learning in connection with such collection activity.
d. Cancellations and Refunds
All fees and charges paid by the Licensee in relation to a subscription for the Service are non-refundable.
e. Changes in Price
Tech4Learning may at any time, upon notice required by applicable law, change the price of subscriptions for the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during a subscription term will apply to subsequent subscription terms and to all new Licensees after the effective date of the change.
a. Termination by the Licensee
A Licensee may stop using the Service at any time. Some membership levels may terminate the Service online, others will need to contact Tech4Learning at 877-834-5453. Any fees paid by the Licensee are non-refundable, including any fees paid in advance for the term during which the Licensee terminates.
b. Termination by Tech4Learning
Tech4Learning may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service upon failure of the Licensee to pay any fees owed in relation to the Service. Any such termination or suspension shall be made by Tech4Learning in its sole discretion, without any refund of any prepaid fees or amounts, and Tech4Learning will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. In the event of termination by Tech4Learning for reasons other than breach of these Terms, Tech4Learning will provide you with a pro rata refund for the unused portion of the Service.
c. Effect of Termination
i. Upon the termination of use of the Service by Tech4Learning due to a breach by you of these Terms, or due to failure to pay fees owed, Tech4Learning will close your account without notice. You will no longer be able to retrieve Your Content, and Tech4Learning may delete, as applicable, all of Your Content or portions of Your Content.
ii. Upon termination of use of the Service for any reason other than under Section 13 (c)(i), or upon termination of the Service altogether, Tech4Learning will provide Licensee with thirty (30) days notice, sent to the primary contact for the Licensee by email, of such termination and will provide instructions on how to retrieve Your Content prior to such termination.
14. General Information
These Terms of Service constitute the entire agreement between you and Tech4Learning and govern your use of the Service. These Terms of Service and the relationship between you and Tech4Learning shall be governed by the laws of the State of California without regard to conflict of law provisions. You and Tech4Learning agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Tech4Learning to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Tech4Learning or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on the Service may not be assigned without the prior written consent of Tech4Learning.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.