Please read on to learn more about how we collect and use your information; if you have any questions or concerns regarding our privacy practices, please contact us at info@CanaryLearning.com, (650-469-7610), or at 445 South San Antonio Rd, #104, Los Altos, CA 94022.
HOW IS CHILDREN’S PERSONAL INFORMATION TREATED?
We only collect personal information through the Services from a child under 13 where that student’s school, school district, and/or teacher has agreed (via the terms described in more detail in the Terms of Service) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, school district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at info@CanaryLearning.com.
If you are a student registrant and your parent or guardian has signed up for the Services with a Pin Code provided by linking your device via Pin Code to their account, you understand that your parent or guardian may be able to view all information within or associated with your Services account, including, without limitation, messages between you and your teacher and grades you received on assignments.
WHAT INFORMATION DOES CANARY LEARNING DISPLAY OR COLLECT?
Information you Provide to Us
We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This information may include, without limitation, Personal Information such as your name, user name, email address, phone number, profile picture, school affiliation and location, billing and payment information (depending on your user category), and any other information necessary for us to provide our Services. If you are a student registrant, the only Children’s Personal Information we require is your name and user name. Additionally, your parent or guardian may also be permitted to input your profile picture and email address.
Information Collected Automatically
We receive and store certain types of usage information whenever you interact with the Services; this information is not Personal Information or Children’s Personal Information. For example, Canary Learning automatically receives and records information on our server logs from your browser including your IP address, Canary Learning cookie information, and the page you requested. We also record the details of your activity on the Services, and the number and frequency of visitors to our site and its components.
When you download our Mobile Application, we automatically collect information on the type of device, name and version of the operating system, name and version of the application, whether the currently logged in user is a teacher, student, or other user type, the numerical mobile device user ID, as well as actions performed by the user in accessing the Mobile Application (“Mobile Usage Information,” which is considered part of “usage information” as described above). However, we do not ask you for, access or track any geographic-location-based information from your mobile device (i.e., any information regarding where your mobile device is located on the globe at a particular time) at any time while downloading or using our Mobile Applications. For clarity, this does not prevent us from asking you what school you are affiliated with.
We also use mobile analytics software to allow us to better understand the functionality of our Mobile Application. This software may record information such as how often you use the Mobile Application, the events that occur within the Mobile Application, aggregated usage information, performance data, and where the application was downloaded from; this information is considered Mobile Usage Information.
Cookies are alphanumeric identifiers that we transfer to your mobile device to enable our systems to recognize your computer or device and tell us how and when pages in our site are visited and by how many people. Canary Learning cookies do not collect Personal Information or Children’s Personal Information, and we do not combine the general information collected through cookies with other Personal Information or Children’s Personal Information to tell us who you are or what your user name or email address is.
The Services may also contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Services are used.
WHAT DOES CANARY LEARNING USE MY INFORMATION FOR?
When you use the Services, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels, depending on the category of user (“User Category”) you are registered as, and as permitted by the functionality of the Services. The information we gather from users enables us to personalize and improve our services, and allows users to set up a user account and profile through the Services.
The Personal Information you provide is used for such purposes as responding to your requests for certain information and services, customizing your experience, and communicating with you about the Services.
Children’s Personal Information
We use the Children’s Personal Information for creating your individual account (which will identify you within your Limited Access Groups), customizing your experience, and for sending you notifications via the Services from your teacher, school, district, fellow Limited Access Group members, and from Canary Learning (regarding your use of the Services) (“Notifications”). Please note that your parent or guardian, as well as an administrator from your school and/or district, may be able to view all or some portion of the activity and content associated with your student account, including your Children’s Personal Information.
Your email address
If you provide us your email address, we may send you email communications. Web beacons may also be used in some of our emails to let us know which emails (and which links within those emails) have been opened by recipients. This allows us to gauge the effectiveness of our customer communications.
Canary Learning uses this type of aggregate data to enable us to figure out how often users use parts of the Services, so that we can make the Services appealing and relevant to as many users as possible, and customize and improve those Services. As part of our use of information, we may provide aggregate information to our partners (in a non-personally-identifiable format) about how our users use our site. We share this type of statistical data so that our partners also understand how often people use our partners’ services and the Services to help provide you with an optimal online experience. We may link usage information to Personal Information and Children’s Personal Information that we collect through the Services, but we will only use this linked information internally (for example, to customize your experience), and will not disclose it in linked format to third parties. Additionally, certain usage-related information may be viewable in your user profile that may be displayed to other users, depending on your User Category; for example, a “badge” may displayed in your profile indicating that you have added content to your user “library,” or that you have logged into the Services more than a certain number of times.
Mobile Usage Information
This information is used to determine the device capabilities and usage trends, which allows us to better understand which devices we should support and what features are most frequently used.
If you use the Mobile Application, we will send push notifications to your mobile device in order to make you aware of certain activities that may occur within your account, such as when a teacher sends a message, when you have new notifications, or when an assignment has been returned. You may opt-out of receiving these types of communications by turning them off at the device level or emailing us at info@CanaryLearning.com.
WILL CANARY LEARNING SHARE ANY OF THE PERSONAL INFORMATION OR CHILDREN’S PERSONAL INFORMATION IT RECEIVES?
Personal Information and Children’s Personal Information about our users is an integral part of our business. We neither rent nor sell your Children’s Personal Information. However, we may share your Personal Information and Children’s Personal Information in personally identifiable form only as described below. Again, please note that references to “Personal Information” only apply to personal information of individuals who are not students.
Third Party Businesses
In certain situations, businesses we’re affiliated or partnered with may offer or sell items or provide services to you (either alone or jointly with us). We may, for example, work jointly with other businesses to offer or sell products or provide services, or we may work with third party websites to enhance your online experience. These transactions or services may or may not be commercial in nature.
Such services may include the ability for you to automatically transmit information you input on the Services to your profile or account on a third party website, or to automatically transmit information you input on a third party website to your Services profile. We have no control over the policies and practices of third party websites as to privacy or anything else, so please review all third party websites’ policies before disclosing any Personal Information or Children’s Personal Information or other content on the Services or on any third party website (via the automatic transmissions discussed above or otherwise).
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include sending email, analyzing data, processing payment, and providing user services. Unless we tell you differently, Canary Learning’s agents do not have any right to use Personal Information or Children’s Personal Information we share with them beyond what is necessary to assist us.
If your User Category allows it, you may choose to populate your user profile on the Services with Personal Information or Children’s Personal Information, including, without limitation, your name, photograph, and school affiliation. This user profile information will be displayed to other users to facilitate user interaction within the Services or facilitate interaction with Canary Learning. If you are a student, the only users who may view your profile are those who belong to your Limited Access Group(s). However, please keep in mind that information (whether Personal Information or Children’s Personal Information or not) or content that you voluntarily disclose online (in “communities,” your Limited Access Groups, to your connections, in comments to our blog, etc.) becomes available to other users and can be collected and used by others, in accordance with the privacy settings you select in your account preferences, or in accordance with the User Category to which you belong. Any images, captions or other content that you submit to the Services in a manner any other user can view may be redistributed through the Internet and other media channels. For example, if you are a student, the content you contribute in your Limited Access Group(s) will be displayed to other members of that Limited Access Group; however, we cannot control what members of your Limited Access Group will do with such content after you have disclosed it. Your name may be displayed to other users when you upload images or videos or send messages through the Services and other users can contact you through messages and comments.
Communication About the Services or in Response to User Requests
As part of the Services, you may receive from Canary Learning (depending on your User Category) email or other types of communication relating to your use of the Services or your user profile. You acknowledge and agree that by posting information on the Services or otherwise using the Services, Canary Learning and its agents may send you email, contact you or engage in other communication that they determine relate to your profile or use of the Services.
If you are a teacher, parent or administrator and you disclose your email address to Canary Learning, we may use it to send updates, a newsletter or other news regarding the Services, or to simply send Notifications.
If Canary Learning, or some all of its assets were acquired or otherwise transferred, or in the unlikely event that Canary Learning goes out of business or enters bankruptcy, user information may be transferred to or acquired by a third party.
Protection of Canary Learning and Others
We may release Personal Information or Children’s Personal Information when we believe in good faith that release is necessary to comply with the law (such as to comply with a subpoena); enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Canary Learning, our employees, our users, or others. We will try to give you notice if we release information for these reasons, but please understand that we reserve the right not to, as it may not be practical, legal, or safe to do so.
IS INFORMATION ABOUT ME SECURE?
Your Canary Learning account Personal Information or Children’s Personal Information is protected by a password for your privacy and security. We also use coding practices which take steps to prevent attack on our Services from web browsers and malicious scripts, by processing all actions through several permission verifications checks.
You may help protect against unauthorized access to your account and Personal Information or Children’s Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
When you enter sensitive information (such as a credit card number), we encrypt the transmission of that information using secure socket layer technology (SSL).
Canary Learning endeavors to keep your information private; however, we cannot guarantee security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. For additional information about the security measures we use in connection with the Services, please contact us at info@CanaryLearning.com.
WHAT INFORMATION CAN I ACCESS?
We allow you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list may change as the Services change. You may currently access the following information, if your User Category allows you to input any of the following:
• Information in your user profile
• User connections list
• Your groups (including Limited Access Groups)
• Content in your account
If you would like to request that Children’s Personal Information regarding your child be updated or deleted, or if you’d like to refuse further contact with your child (or, if you are a teacher, a child that is in your class) by the Services, please contact us at info@CanaryLearning.com. A minor student’s participation in our Services, and the ability of a minor student to access the Services, will not be conditioned on that student providing more Children’s Personal Information than is reasonably necessary for that participation or access. We will respond to a request made pursuant to this section within 30 days of our receipt of such request.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to info@CanaryLearning.com.
WHAT OTHER CHOICES DO I HAVE?
You can always opt not to disclose information, even though it may be needed to take advantage of certain of our features.
You are able to update or delete certain information, as described in the “What information can I access?” section above. You may request deletion of your Canary Learning account by emailing support@CanaryLearning.com. Please note that some unrevised information may remain in our records after revision of such information or deletion of your account, or in cached and archived pages. Some information may remain viewable elsewhere to the extent that it was copied or stored by other users. We may use any aggregated data derived from or incorporating your Personal Information after you delete your information, but not in a manner that would identify you personally.
We will retain your Personal Information or Children’s Personal Information for as long as your account is active or as long as needed to provide you the Services; we also may retain and use your information as we deem it necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
WHAT IF I’M IN A DIFFERENT COUNTRY?
When you use the Services, you are consenting to have your data transferred to and processed in the United States. All of Canary Learning’s servers are currently in the United States, and we aren’t able to process your information within the borders of any other country. Given this limitation, if your use of the Services or disclosure of certain information to Canary Learning would violate any law that is applicable to you, your right to use the Services and/or disclose such information is revoked, as it is wherever use of the Services is prohibited by law (as described in the Terms of Service).
Canary Learning complies with the U.S. – E.U. Safe Harbor Framework set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries. Canary Learning has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification.
Terms of Service
If you are not of legal age to form a binding contract, which in many places is 18 years old, then you must have your parent/guardian read these terms and agree to them for you before you use Canary Learning or provide us with any information.
Effective date: July 1, 2014
Thank you for using Canary Learning’s websites and services (“Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@CanaryLearning.com, (650) 475-1900, or at 445 South San Antonio Rd, #104, Los Altos, CA 94022.
These Terms of Service (the “Terms”) are a binding contract between you and Canary Learning, Inc. (“Canary Learning,” “we,” and “us”). You must agree and accept all of the Terms, or you don’t have the right to use our Services. Further, your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
How does Canary Learning handle privacy?
What about my children’s privacy?
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that student’s school, school district, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, school district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, school district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at info@CanaryLearning.com.
How do I use Canary Learning?
If you are a teacher or parent you must first sign up for an account, using your email address and selecting a password (“Canary Learning User ID”). If you are a student you will enter your student id and teacher provided pin code to gain access to your class. Also, if you are a school or district, you may be permitted to register a school or district “subdomain” within CanaryLearning.com (a “Canary Learning Subdomain”). You promise to provide us with accurate, complete, and updated registration information about yourself. You can’t select for your Canary Learning User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person, nor can you select a Canary Learning Subdomain name that you don’t have the right to use. In certain situations, your Canary Learning User ID may be selected for you by your school or district; the same rules apply to them when they select a Canary Learning User ID for you. You may not transfer your account to anyone else without our prior written permission.
If you are a school, school district, or teacher, Canary Learning will generate an a pin code for you to use with each limited access group you administer (a “Pin Code”). For example, if you wished to establish a closed group amongst yourself, as a teacher, and your History class, you would distribute the pin code only to those members of your History class that you wanted to view what was going on within that group. Everyone to whom a group administrator distributes the pin code to will be a member of that “Limited Access Group.”
What are the rules for using Canary Learning?
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
You promise to only use the Services for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
• Infringes or violates the intellectual property rights or any other rights of anyone else (including Canary Learning);
• Violates any law or regulation;
• Is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Jeopardizes the security of your Canary Learning account or anyone else’s (such as allowing someone else to log on as you on the Services);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
• Copies or stores any significant portion of the Content;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
You will not use a Pin Code that you’re not authorized to use. For example, if you’re a parent or guardian, only use your own child’s Pin Codes.
You will not register for the Services as any category of user that you do not legitimately qualify for. For example, if you’re a student, you will not register as a teacher, parent, administrator, or any other category Canary Learning offers now or in the future.
What about intellectual property?
The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth) (the “Content”) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Canary Learning’s) rights. For example, if someone shares a really creative lesson plan with you on Canary Learning, that doesn’t mean you can print it out and start distributing it to other people – unless the owner specifically told you in writing that you could.
You understand that Canary Learning owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content. Please remember that just because this functionality exists doesn’t mean that all the restrictions above don’t apply.
For all User Submissions, you hereby grant Canary Learning a license to translate, modify (for technical purposes, for example making sure your content is viewable on your iPhone as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Canary Learning account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Canary Learning the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of displaying that Personal User Submission to you and providing you the Services necessary to do so.
If you share a User Submission only within a Limited Access Group, or otherwise in a manner that only certain specified users can view (for example, a private message to one or more other users) (each, a “Limited Access User Submission”), then you grant Canary Learning the license above, as well as a license to display, perform, and distribute your Limited Access User Submission for the sole purpose of displaying that Limited Access User Submission to other members of that Limited Access Group (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of that Limited Access Group (or such specified users, as applicable) a license to access that Limited Access User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a worksheet (that can be completed through the Services) with students in your Limited Access Group, you grant your students the rights necessary to view that worksheet and fill it out, and return it to you.
You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us. When you delete your Canary Learning account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Canary Learning’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Canary Learning, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
DMCA Takedown Policy
You may have heard of the Digital Millennium Copyright Act (“DMCA”), as it relates to online service providers like Canary Learning removing material that they believe in good faith violates someone’s copyright. To learn more about DMCA, click here. Canary Learning’s DMCA Takedown Policy is here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can’t control that, but please let us know if it happens and we’ll try to remedy the situation.
We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. But that doesn’t mean we don’t take security seriously. For example, students are only permitted to access the Services within their Limited Access Groups, we require teachers, schools, and school districts guard their Pin Codes with the appropriate confidentiality, we enable teachers with moderation tools for monitoring content within Limited Access Groups, and student accounts are not enabled to “browse” groups to join (a student is only permitted to view and join a group he or she has been given a Pin Code to).
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Canary Learning has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Canary Learning will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third. You agree that Canary Learning shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Canary Learning is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Canary Learning, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Will Canary Learning ever change the Services?
Canary Learning is a dynamic learning tool, so the Services will change over time. We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.
Does Canary Learning cost anything?
Canary Learning is free for students and some basic features are free for parents and guardians. To see how we price our premium features, please check out our Pricing Page here.
What if I want to stop using Canary Learning?
Canary Learning is also free to terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms. Canary Learning has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone’s safety or security to do so.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org- we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use one of the Canary Learning apps available via the Apple App Store – should I know anything about that?
In addition to these Terms of Service, your use of Canary Learning’s Services is also at all times subject to Apple’s Application Terms:
1. Both you and Canary Learning acknowledge that the Terms are concluded between you and Canary Learning only, and not with Apple, and that Apple is not responsible for the Application or the Content;
2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
3. You will only use the Application in connection with an Apple device that you own or control;
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
6. You acknowledge and agree that Canary Learning, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Canary Learning, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and Canary Learning acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
10. Both you and Canary Learning acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof
Canary Learning does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Canary Learning or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CANARY LEARNING BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20,000 OR (II) THE AMOUNTS PAID BY YOU TO CANARY LEARNING IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Canary Learning, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Canary Learning’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Canary Learning agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Canary Learning, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Canary Learning in any respect whatsoever. Except as expressly set forth in the Apple Application Terms, you and Canary Learning agree there are no third party beneficiaries intended under this Agreement.
Copyright Dispute Policy | Effective date: July 1, 2014
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Remember that your use of Canary Learning’s Services is at all times subject to theTerms of Service, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Canary Learning’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b) Identification of works or materials being infringed;
(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Canary Learning is capable of finding and verifying its existence;
(d) Contact information about the notifier including address, telephone number and, if available, email address;
(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
(a) remove or disable access to the infringing material;
(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
(c) terminate such content provider’s access to the Services if he or she is a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
(a) A physical or electronic signature of the content provider;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Canary Learning is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Canary Learning may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Canary Learning may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Canary Learning’s discretion.
Please contact Canary Learning’s Designated Agent at the following address:
445 S. San Antonio Road, #104
Los Altos, CA 94022