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Terms of Use Agreement

IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.
This Agreement gives you important rights and responsibilities, so please read it carefully
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY EDMODO, INC. ("COMPANY") (FORMERLY KNOWN AS FUSIONPROJECT, INC.). BY VISITING THE WEBSITES OR USING THE SERVICES OF THE COMPANY IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

If you do not agree to any of these terms, the Google Privacy Policy, or the Community Guidelines, please do not use the Service Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Privacy Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Facebook to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL


PEOPLEBROWSR (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS OR AFFILIATES) OR ITS THIRD PARTY SOCIAL NETWORKING PROVIDERS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PEOPLEBROWSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.THE REMEDIES EXPRESSLY SET FORTH IN

THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

Changing the terms of this AgreementPeopleBrowsr may change the terms of this Agreement at
any time. PeopleBrowsr may provide an email notice of the change to users with accounts. Additionally, the current version of this Agreement can always be found at "Ts&Cs" link on the Site and the date of the latest changes to the agreement (if any) will be noted at the top of the Agreement. By continuing to use PeopleBrowsr after receipt of such email notice and/or posting of the new version, you are agreeing to abide by the current terms of the Agreement. We recommend that you regularly check the "Ts&Cs" link for any changes, which may affect you.

IndemnityYou agree that you will indemnify, defend and hold PeopleBrowsr harmless from and against
any direct or indirect loss or liability, claims, damages, costs and expenses including but not limited to legal fees arising from your use of and access to this Site, the Services, your breach of this Agreement or any agreement with a third party, including, without limitation, the Social Networking TOU, or of any third party rights. This obligation continues after this Agreement terminates or you discontinue use or membership of PeopleBrowsr.
You will indemnify and hold Edmodo, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

Third Party Site Content: The Kred Apps and APIs may contain links to other websites which are completely independent of PeopleBrowsr. PeopleBrowsr makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content, that you may not rely on said Third Party Content, and that under no circumstances will PeopleBrowsr be liable in any way for any Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted or otherwise made available via the Service.

THIRD PARTY WEBSITES AND SERVICES

The Services may contain links or connections to third party websites or services that are not owned or controlled by Edmodo. When you access third party websites or use third party services (including, without limitation, your use of Third Party Software), you do so at your own risk. Edmodo encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Edmodo 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, Edmodo will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Third Party Software). By using the Services, you expressly relieve and hold harmless Edmodo 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 parties (including without limitation Publishers). You agree that Edmodo 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 understand and agree that Edmodo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Edmodo, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) 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 service. 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."

COPYRIGHT DISPUTE POLICY


Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is WizIQ's policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to WizIQ by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the WizIQ Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the WizIQ Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WizIQ's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, WizIQ Inc. 3782 Lake Spring Ave, Concord, NC 28027, United States.

Edmodo has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted athttp://www.copyright.gov/legislation/dmca.pdf). The address of Edmodo's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Edmodo's policy to (1) block access to or remove material that it believes 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. A. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. 2. 3. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; 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 Edmodo is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 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. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Edmodo's policy: to remove or disable access to the infringing material; to notify the content provider, member or user that it has removed or disabled access to the material; and that repeat offenders will have the infringing material removed from the system and that Edmodo will terminate such content provider's, member's or user's access to the Services. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user 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, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. 2. 3. 4. A physical or electronic signature of the content provider, member or user; 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; A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and Content provider's, member's or user'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, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Edmodo 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, Edmodo may send a copy of the counter-notice to the original complaining party informing that person that Edmodo 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, member or user, 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 Edmodo's discretion.

4. 5. 6. B.

1. 2. 3. C.

5. YOUR WARRANTY
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Edmodo reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Edmodo is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Edmodo, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Edmodo and to grant Edmodo the rights to use such information in connection with the Services and as otherwise provided herein.

6. RESTRICTIONS
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Edmodo user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run 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 on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. 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. You may not transfer your account to anyone without express prior written consent of Edmodo.

Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO: 1. 8.1 use the Website or any related services, including any Khan Academy API, for any commercial use or purpose unless expressly permitted by Khan Academy in writing, it being understood that the Website and related services are intended for personal, noncommercial use only; 2. 8.2 use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by Khan Academy; 3. 8.3 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 11, below);

4. 8.4 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content; 5. 8.5 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; 6. 8.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another persons digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity; 7. 8.7 delete the copyright or other proprietary rights notices on the Website, Licensed Educational Content, Licensed Educational Code, or User Content; 8. 8.8 assert, or authorize, assist, or encourage any third party to assert, against Khan Academy or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Website; 9. 8.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; 10. 8.10 use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; 11. 8.11 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent; 12. 8.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, Licensed Educational Code, or

User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, Licensed Educational Code, or User Content; 13. 8.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 14. 8.14 modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Khan Academy herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or 15. 8.15 intentionally interfere with or damage operation of the Website or any users enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Global Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to Users (Reference Sites). Khan Academy does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness,

opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Fees; Payments./ Terms of donation 1. 9.1 Fees. Khan Academy may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (Fees). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website. 2. 9.2 Payment Methods. Khan Academy will charge the Fee, if any, and other additional fees or donations you authorize, to the PayPal account or credit card you designate. You authorize the credit card or PayPal account you designate to pay any amounts described herein and authorize Khan Academy, or any other company that acts as a billing agent for Khan Academy, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such Fees are paid in full. You agree to provide Khan Academy updated information regarding your credit card and PayPal account upon Khan Academys request, and any time the information earlier provided is no longer valid. If payment is not received by Khan Academy from your credit card issuer or PayPal, you agree to pay all amounts due upon demand by Khan Academy. 3. 9.3 Credit Card Authorization. If Khan Academy permits You to use a credit card to activate pay for any Fees related to the Website, You will be asked to provide Khan Academy with a credit card number from a card issuer that we accept. Khan Academy may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement. 4. 9.4 Changes in Price; No Refunds. Khan Academy may at any time, upon notice required by applicable law, change the price of the Website or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where

a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website, are final and nonrefundable.

CONTACT
If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@edmodo.com