IMPORTANT—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 DXC. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.
Welcome to DxC. DxC is a communication platform that enables communications that helps educators, students, parents and other users create quick, simple content that can be shared on any device. Please continue reading to learn about the rules and restrictions that govern your use of DxC’s website(s) and all other products, services and applications made available by DxC from time to time (collectively, the “Services”).
WHAT THIS IS SAYING
Before using DxC, you need to be at least 18 years old and agree to these terms. If you’re under 18, a parent or guardian needs to agree to these terms for you.
Will these terms ever change?
We are constantly trying to improve our Services, so this Agreement may need to change along with the Services. We reserve the right to modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, sending you a notice via email, and/or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by DxC constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We’ll do our best to provide you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
You represent and warrant to DxC that: (i) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
WHAT THIS IS SAYING
We want to continually improve the DxC experience for you, so our terms may change from time to time. We will do everything we reasonably can to update you about these changes ahead of time. Before continuing to use DxC, it will be important to review and agree to any changes.
WHAT THIS IS SAYING
Use by children
We do not collect personal identifiable information from students. When entering GABs children will access the DxC platform via a teacher account. Parents and children will access the DxC via the parent account or mobile App to review and discuss the days GABs.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information 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 firstname.lastname@example.org .
WHAT THIS IS SAYING
We care about privacy. We do not collect students’ personal identifiable information. Although we do request parents information such as name and email address, we will only use this information to communicate with you about updates, changes and share information about our community and how it has found DxC to be most useful in connecting with your child through GABs.
Fees and payment; Responsibility for usage charges
Access to and use of the Services itself is free for this pilot, but in the future, we may offer new or additional features that require fees. Therefore, DxC reserves the right to charge fees for certain features and you agree to pay all applicable fees if you use any of those features. If you continue to use the Services after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
WHAT THIS IS SAYING
DxC is free right now, and has no plans to charge teachers for the basic service. In order to keep the lights on, we may have to eventually add fees for certain features. You may need to pay for third party products that you choose to use. If fees are added in the future, we’ll tell you. We promise :)
This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are. If you are, for example, a teacher, coach or parent who creates a “class” or “group” of members, then you are an Organizer. If you are, for example, a student, teammate or parent who is invited to be or added as a member of a class or group by an Organizer, you are a Participant. If you are agreeing to this Agreement on behalf of an organization, such as a school or school district, club, or team, you are an Organization. You may not sign up for or use the Services as someone you are not; DxC may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.
· If you are a Participant (such as a student, parent, or other individual invited to join a class or group by an Organizer):
o You must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.
o You will only join schools, classes and/or groups to which you have been invited, or to which you belong.
o In certain cases, you may be invited to join a class or group by another Participant who is already a member of that class or group.
o The Organizer and other Participants of your class or group may be able to view information (including your personally identifiable information but not personal contact information), as well as your User Submissions (defined below).
o Verified administrators of the Organization that your class or group is affiliated with as well as the Organizers of your class or group may be able to add, remove, and/or move you from classes or groups within the same Organization.
· If you are accessing the Services as an Organizer (such as a teacher, administrator, parent or other individual creating a class or group) and inviting users to join as Participants:
o The Services may allow you to invite users to join and/or to add users to your class(s) and/or group(s).
o It’s your responsibility to maintain and monitor the accuracy of list of Participants for each of your classes or groups.
o If you are verified by an administrator of your Organization, you may be able to access information and User Submissions (defined below) (including personally identifiable information but not personal contact information) of Participants and other Organizers in your class, group or affiliated Organization. You also may add, remove, and move Participants and modify Participant lists.
o You understand that if you are verified by an Organization administrator of your Organization, the Organization administrators may be able to join or message members of your class or group, add or update information in your DxC account profile, add, move or remove you from classes or groups affiliated with the Organization, and/or take other actions relating to your access and use of the Services through the Organization
· If you are an Organization (such as a school, school district or club):
o You must maintain the accuracy of the information relating to your Organization. By way of example, you will only permit staff members (such as teachers) who are current employees of your organization to use the Services and to create their own class or group codes. Upon termination of a staff member’s employment with the Organization, you will require such individual to delete and cease using all class or group codes he or she has in his or her possession. If at any time you learn that a user of the Services claims to be affiliated with your organization but is not, in fact, affiliated with your Organization, or of any other inaccuracy relating to your Organization’s information, you will notify DxC immediately by emailing contact@DxChq.com.
o If DxC verifies you as an administrator of your Organization, you may have the ability to perform the following tasks: (1) invite and add Organizers and Participants to the Services, (2) add, move, or remove Organizers and Participants from classes and/or groups affiliated with your Organization, and (2) connect and upload or sync information relating to Organizers, Participants, classes and/or groups using a data upload or syncing mechanism (such as, using CSV upload or through integration with your School Information Systems (SIS)). IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS. DxC may use the information you upload to the Services in order to verify Organizers’ and Participants’ affiliations and otherwise to help us provide you with the Services.
o As a verified administrator of your Organization, you may be able to view and manage users and information affiliated with your Organization. For example, you may be able to join classes and groups created by Organizers affiliated with your Organization, communicate directly with other users affiliated with your Organization, add, remove, or move users from classes and/or groups affiliated with your Organization, and access and manage information and User Submissions (defined below) (including personally identifiable information but not personal contact information) of and relating to Organizers, Participants, and other members within your Organization.
o With respect to all users of DxC (whether you are a Participant, Organizer or Organization):
IF YOU INVITE OR ADD ANYONE TO USE DXC AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE (INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS FROM YOUR ADDRESS BOOK TO THE SERVICES), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED CONSENT FROM EACH PERSON TO:
o RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
o RECEIVE MESSAGES FROM (i) DXC, (ii) OTHER PARTICIPANTS OF THE CLASS OR GROUP, AND (iii) OTHERS WHO HAVE ACCESS TO YOUR CLASS OR GROUP (SUCH AS, ORGANIZERS AND VERIFIED ORGANIZATION ADMINISTRATORS); AND
o PROVIDE THAT PERSON’S PERSONAL INFORMATION TO DXC.
WHAT THIS IS SAYING
You have different rights and responsibilities depending on what type of user you are - Organizer, Participant or Organization. In all cases, you need consent from every person you wish to add, invite, or send messages to via DxC.
Registration and security
As a condition to using Services, you may be required to register with DxC by selecting a password and providing your name and a valid email address. You will provide DxC with accurate, complete, and updated registration information. You may not (i) select or use the name or email of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of any person other than you without appropriate authorization. DxC reserves the right to refuse registration of or to cancel a DxC account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of DxC. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. DxC reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
WHAT THIS IS SAYING
The security of your account is very important to us. Please keep your password safe, use your real name and create your own account before using DxC.
Consent to receive periodic messages
As part of the Services, you will receive communications through the Services, including messages that DxC sends you (for example, via SMS, emails, and push notifications). When an Organizer adds a new Participant to a class or group, that Participant will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the DxC application. DxC may inform Participants who have not replied that they will automatically be removed from the class or group. DxC may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM DXC AS WELL AS CLASS OR GROUP ORGANIZERS AND PARTICIPANTS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND DXC. If you connect to or use any third party services in conjunction with DxC, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold DxC 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 your breach of the foregoing.
To permanently cease receiving information for content from DxC please send an email to email@example.com with the subject heading: Leaving DxC.
WHAT THIS IS SAYING
We’re letting you know that you may periodically receive messages from us in addition to other DxC users. It’s important that you get prior consent from everyone you invite or add to DxC. We’ve provided instructions on how to easily unsubscribe and stop receiving messages.
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. DxC is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates anyone else’s (including DxC’s) rights. You will not link to the Services without DxC’s prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you may provide information which may be used by DxC in connection with the Services and which may be visible to certain other users. Anything you post, upload, share, store or otherwise provide through the Services are, together with any related intellectual property rights, your “User Submissions.” You retain ownership of all of your User Submissions. In order to provide you with the Services, DxC needs to access and use your User Submissions in certain ways. You hereby grant DxC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable (only to an successor) right and license to use your User Submissions for any purpose related to providing and/or improving the Services. Because your User Submissions may be viewed or accessed by other DxC users, you grant other DxC users a non-exclusive, worldwide, royalty -free, perpetual, irrevocable, sublicensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a GAB through the Services, the recipients of your GABs will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and that DxC will not be liable for any errors or omissions in any Content. DxC cannot guarantee the identity of any other users you may interact with in the course of using the Services. Additionally, DxC cannot guarantee the authenticity of any information which users may provide about themselves. You acknowledge that all Content accessed by you while using DxC is at your own risk and you will be solely responsible for any resulting damage or loss.
Under no circumstances will DxC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
WHAT THIS IS SAYING
Be sure to only share content that belongs to you. We may view and/or use content you post on DxC (for example, format a message you send and display it to the recipients)—but you still own it.
Your restrictions and responsibilities
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that:
· infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
· violates any law, statute, ordinance or regulation;
· is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by DxC;
· jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
· 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, data, or portion of or relating to the Services or Content (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 or underlying ideas or information of or relating to the Services (or the products of DxC’s third party service providers).
DxC reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
DxC reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from third parties or authorities relating to that Content or if DxC is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not DxC, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to DxC and to grant DxC the rights to use such information as provided herein.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with 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.
WHAT THIS IS SAYING
Copyright dispute policy
Under the Digital Millennium Copyright Act (the “DMCA”), online service providers such as DxC have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
WHAT THIS IS SAYING
See something that belongs to you, but someone else posted it? You can let us know by sending us an email at firstname.lastname@example.org
Third party service providers
DxC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, DxC will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless DxC from any and all liability arising from your use of any Third Party Services.
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 third parties. You agree that DxC will 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 DxC users, or between DxC users and any third party, you understand and agree that DxC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release DxC, 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.
WHAT THIS IS SAYING
While using DxC, you may be able to access or use third party services that aren’t part of our product (such as YouTube, Flickr etc). We can’t be held responsible for the content of services or any issues that arise.
Warranty and disclaimer
DxC has no special relationship with or fiduciary duty to you. You acknowledge that DxC has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DxC from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. DxC makes no representations concerning any content contained in or accessed through the Services, and DxC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. DxC makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM DXC OR ANYONE ELSE. THE SERVICES, CONTENT, 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.
WHAT THIS IS SAYING
We’re here to help if there are issues, but there are no warranties relating to our Services or any products you access through DxC.
You will indemnify and hold DxC, 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 or 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.
WHAT THIS IS SAYING
Please keep in mind that you are solely responsible for your use of DxC. If you don’t follow these Terms of Service and/or cause harm to anyone, it’s your responsibility to resolve.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL DXC OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO DXC HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND DXC’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WHAT THIS IS SAYING
DxC is a communication tool. While we are here to support you, we are not liable for anything that happens because of our service.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at email@example.com. Note, if you become a Participant through an Organization, and you request that DxC delete your account, DxC may notify the Organization (and the Organizers of the classes or groups you are in of your deletion request. DxC may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, DxC may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
WHAT THIS IS SAYING
All done? You can delete your DxC account online at any time. (Note for auditing purposes and to comply with laws, we may still keep a copy of messages and account details after an account is deleted or disabled). If you would like to stop receiving messages, send and emil to firstname.lastname@example.org
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. DxC will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DxC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. 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 this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with DxC’s prior written consent. DxC may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind DxC in any way whatsoever.