Thank you for your interest in using the online services operated by Deck.Toys Pte Ltd. ("Deck.Toys"). Deck.Toys is incorporated in Singapore (UEN: 201700252D) with the registered business address at 21 Bukit Batok Crescent, #15-75, Singapore 658065.
These Terms of Service ("Terms") govern your use of Deck.Toys’ online services (collectively, the "Services"), including the services which are offered through our website located at deck.toys.
The Deck.Toys Services enable you to create interactive lessons for your students.
By using the Deck.Toys Services, you agree to be bound by these Terms and to the collection and use of your information as described in our Privacy Policy. If you do not agree to these Terms, you are not permitted to use the Deck.Toys Services.
If you are agreeing to these Terms on behalf of a school, school district, or other educational institution (collectively, a “School”) for the purpose of providing the Deck.Toys Service to students through deck.toys (“Students”), you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School’s behalf.
The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13 (whether in the U.S. or elsewhere), you represent and warrant that you have received consent from Parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access Deck.Toys Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as Deck.Toys.
This Section 3 applies to a School’s use of the Deck.Toys Service through deck.toys. If you are a School user, Student, or parent, you may also refer to the Privacy Policy.
When Deck.Toys is used by a School for an educational purpose, Deck.Toys may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
Confidentiality. Deck.Toys agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our Privacy Policy.
Student Data Access. You authorize Deck.Toys to access or collect Student Data for the purpose of providing the Service. In the U.S., Deck.Toys shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1). As between the parties, the School or the Student owns and controls the Student Data. Deck.Toys does not own or control, or license such Student Data, except as to provide the Service and as described in these Terms.
Personal Information and Student Data Consents and Authority. If you are School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with Deck.Toys. Both Parties agree to uphold their obligations under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment ("PPRA"), and the Children’s Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy. Deck.Toys relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for Deck.Toys to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA.
You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records.
Use of Student Data. By submitting or providing us access to Student Data, you agree that Deck.Toys may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s or the User’s consent.
Deck.Toys shall not use Student Data to engage in targeted advertising.
Use of Anonymized Student Data. You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual.
Use of Personal Information for Marketing. You agree that Deck.Toys may provide customized content, advertising, and commercial messaging to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Deck.Toys shall never use Student Data to engage in targeted advertising, nor shall Deck.Toys direct advertising to student users on deck.toys.
Third-Party Service Providers. You acknowledge and agree that Deck.Toys may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.
Student Data Retention and Deletion Requests. Schools may request that we delete Student Data in our possession at any time by providing such a request in writing, except that Deck.Toys shall not be required to delete content a Student shared to public areas of the Service. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of a Parent. A Parent seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete information which a Student or parent has saved or transferred to a personal account.
You agree:
a. that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Deck.Toys Services and for paying all charges related thereto; and
b. not to use the Deck.Toys Services to:
i. violate any third party rights or any local, state, national, or international law or regulation;
ii. transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another's privacy;
iii. transmit any material that contains adware, malware, spyware, 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;
iv. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
v. interfere with or disrupt the Deck.Toys Services or servers or networks connected to the Deck.Toys Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Deck.Toys Services.
You agree to use the Deck.Toys Services only (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. Deck.Toys does, pursuant to a separate written agreement, permit certain third parties to integrate with the Deck.Toys Services for commercial use. Please contact [email protected] for more information about entering into a relationship with Deck.Toys that would permit commercial use of the Deck.Toys Services.
Deck.Toys does not claim ownership of any materials (other than the underlying software and other materials of Deck.Toys and its licensors used to generate such materials), lessons, graphics, information, data, text or other materials you submit and create for display or distribution to others through the Deck.Toys Services therefrom (collectively, “User Submissions and Generated Materials”). As between Deck.Toys and you, you own all rights to your User Submissions and Generated Materials. You grant to Deck.Toys an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use your public User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any format or medium now known or later developed, without compensation or notification to or permission from the user of any kind. You acknowledge and agree that all right and title in the software code and other material used to create or display your User Submissions and Generated Materials is the property of Deck.Toys, and you hereby assign all right and title in such material to Deck.Toys. Deck.Toys hereby grants you a license to such material (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. Deck.Toys does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all of your User Submissions and Generated Materials. Deck.Toys is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. Deck.Toys is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and Deck.Toys' authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
Billling If you are on a paid plan, you will be billed in advance for the use of the Service. At the end of the subscription period, the Service will automatically renew for an equivalent subscription period unless cancelled prior to the renewal date. You may cancel your paid plan at any time but no refunds are issued for the unused subscription period.
Pricing Deck.Toys reserves the right to modify the pricing for your subscribed plan at any time, where Deck.Toys will notify your account administrator of the pricing change via email prior to the renewal.
Invoices All invoices are due within thirty days of the indicated invoice date.
Taxes You will be responsible to pay for all taxes, duties and customs fees associated with the sales of the Services.
At the time you, as School user, submit to Deck.Toys an activity you’ve developed using the Deck.Toys Deck Builder (a “Deck”), you may elect to make your Deck public. If you do so, then you expressly authorize Deck.Toys to (i) make your Deck available to other School users for use in individual classes with other students, (ii) allow other School users to copy and modify your Deck and use the modified version in individual classes with other students and (iii) modify your Deck and make the modified version available to other School users for use in individual classes with other students.
Deck.Toys respects the intellectual property rights of others. Accordingly, Deck.Toys has a policy of removing User Submissions and Generated Materials that violate copyright law, and, in appropriate circumstances, suspending access to the Deck.Toys Services (or any portion thereof) to any user who uses the Deck.Toys Services in violation of copyright law, and/or terminating the account of any user who uses the Deck.Toys Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Deck.Toys has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Deck.Toys Services, please provide written notice to the following Deck.Toys address for notice of claims of copyright infringement.
Deck Toys Pte Ltd ATTN: Copyright Agent 21 Bukit Batok Crescent, #15-75, Singapore 658065 Email: [email protected]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Deck.Toys to locate that material; (d) contain adequate information by which Deck.Toys can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you choose to provide technical, business or other feedback to Deck.Toys concerning the Deck.Toys Services or any Deck.Toys products or services (collectively, “Feedback”), Deck.Toys will be free to use such Feedback without restriction. You understand and agree that the incorporation by Deck.Toys of Feedback into any of its products or services does not grant you any proprietary rights therein.
Without limiting other remedies, Deck.Toys may terminate or suspend your Deck.Toys Services membership or suspend your access to all or part of the Deck.Toys Services without notice if Deck.Toys believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of Deck.Toys, any other Deck.Toys Services user, or any third party. You may discontinue your use of the Deck.Toys Services at any time.
Deck.Toys may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “Linked Partners”). The Linked Partner services made available through the Deck.Toys Services or the integration of the such sites and services with the Deck.Toys Services are for your convenience only and do not signify the endorsement by Deck.Toys of such Partner sites or services.
a. You agree that use of the Deck.Toys services is at your sole risk. The Deck.Toys services are provided on an “as is” and “as available” basis. Deck.Toys expressly disclaims all warranties of any kind, whether express or implied, with respect to the Deck.Toys services and all services provided by any of our partner (whether api partners, linked partners, or otherwise), including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials (including, but not limited to, your or others’ user submissions and generated materials) available through the Deck.Toys services is not guaranteed and that Deck.Toys will not be responsible to you for any loss of data or materials caused by the Deck.Toys services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the Deck.Toys services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
b. Under no circumstances will Deck.Toys or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Deck.Toys services.
c. If, notwithstanding these Terms, Deck.Toys is found to be liable to you or any third party in connection with your use of the Deck.Toys services, the total liability of Deck.Toys and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).
d. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Deck.Toys may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Deck.Toys’ liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Deck.Toys and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Deck.Toys reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Deck.Toys’ defense of such claim.
“Deck.Toys” and the Deck.Toys logo, and certain other of the names, logos, and materials displayed in the Deck.Toys Services, may constitute trademarks, trade names, or service marks (“Marks”) of Deck.Toys or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Deck.Toys or those other entities. The content on the Deck.Toys Services (the “Content”), including without limitation, the software, graphs, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Deck.Toys or its licensors. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Deck.Toys and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Entire Agreement. These Terms and our Privacy Policy, together with any additional terms to which you agree when using particular elements of the Deck.Toys Services (e.g., terms relating to the payment of fees for certain Deck.Toys Services), constitute the entire and exclusive and final statement of the agreement between you and Deck.Toys with respect to the subject matter hereof, and govern your use of the Deck.Toys Services, superseding any prior agreements or negotiations between you and Deck.Toys with respect to the subject matter hereof.
Governing Law. These Terms and the relationship between you and Deck.Toys will be governed by the laws of Singapore as applied to agreements made, entered into, and performed entirely in Singapore by Singapore residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Deck.Toys Services will be brought in the courts located in Singapore, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Additional Terms. The failure of Deck.Toys to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Deck.Toys and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Deck.Toys Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Deck.Toys Services.
Modifications. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Deck.Toys Services following such update constitutes your agreement to the revised Terms. If you object to any such changes, your sole recourse will be to cease using the Deck.Toys Services. Continued use of the Deck.Toys Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Deck.Toys reserves the right to modify or discontinue the Deck.Toys Services with or without notice to you.
Date Last Modified. These Terms were last modified on September 29, 2017.