When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Site, Software or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party. In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services; (b) rent, lease, or sublicense the Software and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software and/or Services without (a) the prior written consent of Empow Studios; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
Usage Guidelines and Restrictions
You agree not to use the Site, Software or the Services to:
- upload, post, e-mail, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way or write comments that in any way refer to person(s) under 18 years of age;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
- upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services, Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
- use any automated means to access the Site, Software or the Services or collect any information from the Site, Software or the Services (including, without limitation, robots, spiders, or scripts); or
- frame the Site, Software or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. EMPOW STUDIOS, INC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of the presence of such web links on the Site, Software or the Services.
Governing Law and Arbitration
In the event that you have a dispute with one or more users of the Site, Software or the Services, you release Empow Studios and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code – 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.”
Claims of Copyright Infringement
Empow Studios respects the intellectual property rights of others, and requires that the people who use the Site, Software and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site, Software or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; your name, address, telephone number, and e-mail address;
- a 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;
- a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
1776 Massachusetts Ave., 2nd floor,
Lexington, MA 02420
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material. Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site, Software or the Services, we will replace the removed material and cease disabling access to it. You may provide us with a counter notification by providing our copyright agent the following information in writing:
- your physical or electronic signature;
- 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 access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Empow Studios has adopted a policy of terminating, in appropriate circumstances and at Empow Studios’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Empow Studios may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Company respects the intellectual property of others. If you believe that any material on the Empow Studios Website or any use of the Empow Studios Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing can be found on the Empow Studios Website;
- Your address, telephone number, and email address;
- A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
1776 Massachusetts Ave., 2nd floor,
Lexington, MA 02420
Last revised: 2/8/2019
This Policy applies to the Empow Studios websites available at www.empow.me, www.empowlabs.com, www.talentbox.app, and any of our other websites or applications that post this Policy (respectively the “Site” or “App”) as well as all of our services made available through the Site or App (together with the Site and the App, the “Services”).
IMPORTANT NOTICE FOR SCHOOL USERS
1. Information Collected by Empow Studios Website
Information a Teacher or Parent Gives Us
We collect personal information you provide to us, which may include personal information of your students if you provide us with such information. By providing us with personal information about your students, you are representing to us that you have all necessary authority or consent to provide us with such information. For example, in connection with your use of the Services, you may provide us your name, country, postal code, email address, username, password, and other information, including demographic information and information about your classroom, your school, and your students. We also collect writing by teachers, including but not limited to assignment instructions and feedback that teachers provide to students using the Services.
Information a Student Gives Us
We collect any personal information a student directly provides to us through use of the Services, including a student’s name, classroom affiliation, username, and password, and email address (optional). We also collect information about how a student interacts with the Services, including the audio that a student plays, quiz-related information, responses a student writes to teacher-initiated or system-initiated assignments, how much time a student spends using the Services, and other performance related information. We may also collect information about a student provided by a school.
Information about You and Your Student that Your School Gives Us
We collect personal information about you and/or your student that your school, school district and/or their administrators choose to provide to and share with us, directly and through third party service providers.
Information Automatically Collected from You and Your Student
We and our third party service providers may automatically collect information about you and your student’s computer or mobile device when you or your student visit our Site or access our App, including by using certain technologies that are further described below (collectively, “Tracking Tools”). Some of the information that may be collected when a user uses the Services, include, for example, computer or device operating system type, IP address, browser type, browser language, mobile device ID, device hardware type, the website or application visited or used before or after accessing our Services, the parts of the Services accessed, length of time spent on a page or using a feature, access times for a webpage or feature, and demographic information, such as gender and age range. These Tracking Tools help Empow Studios learn more about our users, such as their demographics and internet behaviors, so that we can improve our Services.
The following are Tracking Tools used by Empow Studios or its third party service providers in connection with the Services:
We may use unique identifiers to track individual usage behavior on our Services, such as length of time spent on a particular page and pages viewed during a particular log-in period. The unique identifiers collect information about a user’s use of the Services on an individual basis. We use the information that we gather through unique identifiers to evaluate and improve the Services and its content, including, but not limited to, improving and evaluating the effectiveness of certain materials on our Services and the student and teacher experience while using the Services.
Web beacons, or clear GIFs or pixel tags, are small graphic image files that can be embedded in web pages or emails to collect information about a user’s use of our Services or the correspondences that we send to them. The information collected by web beacons allows us to analyze how and how many people are using the Services or when users open our emails.
Analytics and Other Technologies
Mobile Device Identifiers
Mobile device identifiers are identifiers stored on your mobile device that may track your mobile device and data and activities occurring on or through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access controls) as well as non-personally identifiable information (such as usage and traffic data). As with other Tracking Tools, mobile device identifiers help Empow Studios learn more about our users’ demographics and internet behaviors and operate and improve the Services.
THIRD PARTY ACCOUNT CONNECTIONS
If you or your student chooses to log on or otherwise associate the Services with another third party account (for example, a Google Account), we may receive information from that third party site to make it easier for you or your student to create an account on the Services and display relevant content. Any information that we collect from these third party accounts may depend on the privacy settings you or your student has with that third party, so please consult their privacy and data practices.
2. How Empow Studios will use the information collected from you
We use information collected through our Services, or disclosed by you on our Site or App in connection with our Services, for the purposes described in this Policy. For example, we may use your and your student’s information to:
- operate, maintain, and improve our Site, App, and Services;
- understand student’s performance in relation to others, and to provide you and your student with insight into their performance;
- understand your and your student’s preferences and to enhance your and your student’s experience and enjoyment using our Site, App, and Services;
- respond to comments and questions and provide customer service;
- send you related information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- create advertisements shown to teachers and administrators that reflect the interests and capabilities of their students and communicate with teachers and administrators about promotions and other news about Services offered by us (Note: Empow Studios never directs targeted advertising at Children. See: “Interest-Based or Online Behavioral Advertising,” below.);
- protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; provide and deliver products and services that you request
We will not use your personal information in any way other than in connection with providing the Services, as described in this Policy, as directed by a teacher or school, or upon obtaining your consent.
SHARING OF PERSONAL INFORMATION
We do not share your or your student’s personal information except as follows:
- with your school or school district at their request;
- with third party service providers, consultants, and other service providers who perform services for us and need access to your or your student’s information to do that work in a manner consistent with this Policy (for example, our web hosting provider, third party analytics service providers, and purchase processors);
- to comply with laws or to respond to lawful requests and legal process;
- in an emergency to protect the personal safety of our users or any person;
- in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company, in which case the company receiving the personal information would be obligated to follow this Policy.
Additionally, we may share your or your student’s personal information with new teachers who use the Services in their classrooms when you or your student, as applicable, enroll in such teachers’ classes, and we may share teacher personal information with other teachers within a school using the Services.
We may create and use anonymized and/or aggregated data for our own purposes by excluding information (such as your or your student’s name) that makes the data personally identifiable to you or your student. The purposes for which we may create and use anonymized and/or aggregated data include but are not limited to, conducting analysis and generating statistics regarding the use of our Site, App, and/or Services.
We will not share your or your student’s personal information in any way other than in connection with providing the Services, as described in this Policy, as directed by a teacher, parent/legal guardian or school, or upon obtaining your consent.
We require our third party service providers not to use your or your student’s personal information other than to provide the services that we have requested.
We will not disclose your or your student’s personal information to any third party for that third party’s own marketing purposes. Additionally, we will not knowingly use or disclose student information (whether personal information or otherwise) for behavioral targeting of advertisements to such students. We do not sell student personal information. For clarity, we may make recommendations within or through the Services of features, tools, and content on the Services to students based on their demographic information or activities on our Services. For example, we may suggest a project to a student based on the student having shown interest in similar projects in the past, or based on the student’s grade level.
4. Opting-out of providing the information we request
Because the Empow Studios Programs are individualized and customized for each student, all the information we request from you and students are required for you and a student to participate in the Programs, with the exception of certain information to be used for our marketing purposes to you only. At any time, you may revoke your consent to allowing a student to participate in the Empow Studios Programs or refuse to allow Empow Studios to further use or collect a student’s personal information. Any ANONYMOUS performance data will be retained, but we will no longer use any identifiable information regarding you or a student that you have provided. However, if you do any of the foregoing, you and a student will not be able to participate in the Programs.
5. Reviewing and changing your information
You may review and modify your Registration Information at any time by accessing our website using your password, or sending us a support mail with a request to change it.
7. Password Protection
You and your students will set a password each to access the Programs through our website, and this password will be used to allow you and the students to use the Programs. The passwords should be kept confidential. Your password will also allow you to review and change the information we collect about you and students.
8. Protecting your information
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Empow Studios has multiple security measures in place to protect the loss, misuse or alteration of information under our control.
9. Your information and third parties
10. Unsolicited third-party promotional emails
Empow Studios will not send you unsolicited third-party promotional emails.
11. General Data Protection Regulation (Residents of the European Union)
Residents of the European Union have the following rights with respect to your personal data:
- To request a copy of your personal data which Empow Studios holds;
- To request that Empow Studios provide you access to and/or correct personal data that is inaccurate or out of date;
- To request erasure of your personal data where it is no longer necessary for Empow Studios to retain it;
You may exercise these rights by contacting Empow Studios at email@example.com, providing the email address you used to register with Empow Studios, and stating your specific request in writing. Empow Studios reserves the right to verify your identity and confirm your right to the information. The following options are also available:
- To correct or update your registration information, you may sign in to your account or contact us using the information below.
- To prevent your data from being used by Google Analytics, click here for the Google Universal Analytics opt-out browser add-on: https://tools.google.com/dlpage/gaoptout. To learn more about how Google uses data, visit www.google.com/policies/privacy/partners/.
12. Children’s Online Privacy Protection Act
Congress has enacted a law called the Children’s Online Privacy Protection Act of 1998 (COPPA) which is designed to protect children’s privacy during use of the Internet. Empow Studios has implemented practices consistent with the guidelines provided by the Federal Trade Commission to date. Empow Studios will never knowingly request personally identifiable information or private content from anyone under the age of 13 without parental or educator consent. Empow Studios DOES NOT SHARE CHILDRENS PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES. If you are a parent, legal guardian, or educator of a user under 13 you may, at any time, revoke your consent to allow a student to use the Programs under your subscription, refuse to allow Empow Studios to further use or collect a student’s personal information, or direct Empow Studios to delete all identifiable information regarding a student that you have provided. To do so, please contact us at the contact information below. However, if you do any of the foregoing, a student will not be able to use the Programs. If you would like more information about COPPA, please go to http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.
13. The Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Empow Studios is fully compliant with FERPA. Specifically:
- Any sensitive online information is transmitted over secure channels.
- All student data are stored in ways that are not publicly accessible.
- Security audits are regularly performed to ensure data integrity.
Empow Studios does not share student information with any third parties. If a school requests that student data should be sent to a third party, with parental consent, Empow Studios would send the data to the school and never directly to the third party. If you would like more information about FERPA, please go to http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
15. Contact Us
The Privacy Officer
1776 Massachusetts Ave., 2nd floor
Lexington, MA 02420, USA
Email us at: firstname.lastname@example.org