Please read these Terms of Service carefully before using the Services (as herein defined) offered by Classcraft, which owns and operates the Product and Website (as herein defined). BY REGISTERING TO USE THE SERVICES 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 you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to access or use the Services. Use of the Services is expressly conditioned upon your assent to all 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.
Thank you for your interest in using Classcraft’s Services. This agreement contains both terms that apply to you as a general user of the Services, as well as terms that may apply to you as a specific type of user of the Services, including Teacher, District or School Employee, Parent, or Student.
By using our Services, you represent and warrant to Classcraft that:
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
As used in this Agreement, the following terms shall have the following definitions regardless whether used in their singular or plural form:
“Consent” shall mean advance written consent from all parents whose children will be accessing the Services.
“Content” shall mean all materials displayed or performed as part of the Services, including but not limited to text, graphics, articles, photographs, images, videos, animations, illustrations, music, sound effects, Quest stories, and any other intellectual property owned by Classcraft Studios Inc. Content does not include User Submissions, Education Records, or Personally Identifiable Information.
“District or School Employee” shall mean any district or school employee who is authorized to use the Services but who is not working with students in a licensed class, and may include members of school or district administration and employees or agents of the school or district working within the school system.
“Education Records” shall have the meaning ascribed to by the Family Educational Rights and Privacy Act (FERPA), and include records, files, documents, and other materials that contain information directly related to a student, and are maintained by an educational agency or institution or by a person acting for such agency or institution (see 20 U.S.C. § 1232g(a)(4)).
“Licensed Class” shall mean one set of course materials taught to one group of students at the same time in the school indicated in the teacher registration process or, if modified, in the teacher profile, during the term of the license agreement.
“Licensed Classes” shall mean any (all) Licensed Class(es) taught by the teacher or teachers using a Teacher User ID associated with this agreement.
“Parent(s)” shall be defined as
“Payment Method”. In the case of an individual Teacher license, the Payment Method shall be selected by the Teacher upon initiating this agreement, and may be changed at any point thereafter, but must be one of the methods currently offered by Classcraft in its sign-up process, which may change from time to time.
“Personally Identifiable Information” shall have the meaning ascribed by the Family Educational Rights and Privacy Act (FERPA), and include information that can be used to distinguish or trace an individual’s identity either directly (such as a student’s or other family member’s name) or indirectly (such as a student’s date of birth, place of birth, or mother’s maiden name) (see 34 CFR § 99.3).
“Personal Information” shall have the meaning ascribed by the Children's Online Privacy Protection Act (COPPA), and include individually identifiable information such as: first and last name; physical address; online contact information; user name; telephone number; Social Security number; persistent identifier that can be used to recognize a user over time and across different websites or online services; media containing a child’s image or voice; and geolocation information sufficient to identify street name and name of a city or town (see 16 CFR § 312.2).
“Product” shall mean the Classcraft software application, accessible at game.classcraft.com and desktop, mobile, and/or tablet application stores, including but not limited to Apple App Store, Chrome Web Store, Google Play, and Microsoft Store.
“Services” shall mean the Classcraft Product, Website, and domain name, all other websites and domain names affiliated with Classcraft and any other linked pages, features, content, or application services offered from time to time by Classcraft, and shall include, without limitation, any service Classcraft performs for you and the Content offered by Classcraft on the Product, Website, or any other platform.
“Student” shall mean any user who is registered as a student in the Product. Student accounts are set-up and managed by Teachers from within the Product and cannot be created in any other way.
“Teacher” shall mean any user who is registered as a teacher in the Product and may include teachers, paraprofessionals, aides, substitute teachers, behavior specialists, or other school employees working with students in a Licensed Class.
“Third Party Integration Partner(s)” shall mean any third party platform which is integrated with the Product or which the Product is integrated with to exchange data, which may include Content and Personal Information and/or Personally Identifiable Information, between the platforms. Integration purposes may include rostering, single sign-on (SSO), and awarding/removal of points. No integration of the Product will be established with a Third Party Integration Partner without the permission of the Teacher or school or district administration. A list of Third Party Integration Partners can be found here.
“User” shall mean any user contemplated by this Agreement, including Teacher, Student, Parent, and/or District or School Employee users.
“User ID” shall mean a password and username for the user’s access to the Services.
“User Submissions” shall mean any information or media posted by or on behalf of the User via the Product, Website, or Integration Partner(s), including, but not limited to, in-Product communications, text, graphics, articles, photographs, images, videos, animations, illustrations, music, sound effects, assignments, quizzes, Quest stories, Kudos, awarding and removal of points, use of powers or privileges, and customization of features.
“Website” shall mean the classcraft.com website and any public facing Classcraft affiliated websites, not including the Product.
You acknowledge that as a Teacher you may be responsible for granting access to the Services to the Students in the Licensed Classes and their Parents. You agree that access to the Services will not be granted outside yourself, the Students in the Licensed Class and their Parents, or District or School Employee users (if applicable).
You are responsible for monitoring and managing all User Submissions related to Students in your Licensed Classes. Classcraft does not monitor or manage User Submissions and is not responsible in any way for User Submissions. You accept sole responsibility to ensure that such User Submissions meet the following guidelines:
You acknowledge that you are the manager of all aspects of the Services within your Licensed Class(es), including all customizable features, all awarding of either positive or negative consequences, and all in-class and in-Product dialogue and communication of any sort between yourself and Students and/or Parents.
You agree that you will execute your responsibilities in the immediately preceding section in a diligent, fair, and equitable manner without misuse or abuse of the power. Classcraft reserves the right to terminate the license of any Teacher who Classcraft determines has misused or abused this power. Classcraft shall have complete and final authority in this matter.
Under the United States’ Children’s Online Privacy Protection Act (COPPA), online service providers such as Classcraft must provide parental notification and obtain verifiable parental consent before collecting personal information from children under the age of 13, except in limited situations (for exceptions to this consent requirement, please see 16 CFR § 312.5(c)). Except as expressly set forth in Section 4.2.2 below and in our Website and Product Privacy Policies, Classcraft does not knowingly collect such personally identifiable information from a child under the age of 13.
A sample consent form can be found at: https://help.classcraft.com/hc/en-us/articles/218411437-Classcraft-and-COPP.
You must keep signed Consents on file and provide them to Classcraft upon our request. For more information on COPPA, please see: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy.
You acknowledge that Classcraft is not required to obtain consent directly from Parents under COPPA, and that Classcraft can presume that your authorization for the collection of Students’ personal information is based upon you having obtained the Parents’ consent.