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Terms of Service and Privacy Policy
TERMS OF SERVICE
1. GENERAL
1.1. The abcteach.com public and membership websites have been in operation
since about 2000, providing access to downloadable materials for educators and
parents.
1.2. The abcteach.com website is owned and operated by ABCTEACH LLC, a Michigan
limited liability company. The names "abcteach" and "abctools" are registered
trademarks. As used in this Terms of Service and Privacy Policy, "We" and
"abcteach" and "Site" refer to all websites and services, whether public or
membership, operated or offered by abcteach. Currently we operate under the
following base urls: abcteach.com, and members.abcteach.com.
1.3. abcteach is for use by parents, educators, and others over the age of 18.
The materials made available by abcteach are intended to be used with and for
children and students, among others, at the discretion and under the control,
supervision, and direction of the parents, educators, and other adults who are
visitors, members, or subscribers to the Site. As used in this Terms of Service
and Privacy Policy, "you" refers to such visitors, members, or subscribers.
1.4. By using the Site, you accept and agree to be bound by the following terms.
We may, solely at our discretion, modify or revise these terms and conditions at
any time by updating this web page, and you agree to be bound by these
modifications or revisions. You should visit this page periodically to review
the terms. From time to time, we will require that you confirm your agreement to
the terms.
2. USAGE
2.1. Sharing of password or login information is strictly prohibited. Suspension
of account access may result from sharing of this information.
2.2. Worksheets and other materials available on abcteach, including clip art,
may be printed or otherwise duplicated for use in your home or your
classroom(s). Clip art on abcteach is intended as a resource for you in creating
lessons and teaching materials and the like within your permitted usage of the
Site. If you are a paid member, our clip art may be: placed on another
publication as clip art, or distributed individually on a third-party authorship
site, if you as a member give abcteach credit for any clip art intended to be
redistributed. Giving credit to abcteach requires you to mention our name and
website on any publications in which you use our clip art for redistribution.
You may not use our clip art in the design or content of another website; or
distribute our clip art electronically or by email or text or by any other media
or social media. Furthermore, Members are prohibited from packaging our clip art
into their own collections for sale, each clip art illustration used for resale,
must be used individually, again giving credit to abcteach.com.
2.3. The abcteach copyright appears on every page; we require that this
copyright remain in place on all reproductions.
2.4. Except as provided in section 2.7 below, all of the worksheets and other
materials available on abcteach are intended for non-commercial educational
purposes.
2.5. You may place links to abcteach from your own education website; however,
copying or uploading abcteach resources and documents to your own site is a
copyright violation and will be treated as such. Deep linking is not permitted.
(A "deep link" is a hyperlink that bypasses a website's home page and takes the
user directly to an internal page. For example, instead of linking to the home
page of a newspaper, a deep link might take the user directly to a newspaper
article within the site.) At abcteach, linking directly to a content page rather
than the home page or a directory page is considered deep linking and is not
permitted.
2.6. Under no circumstances may any of the documents, resources, clip art,
worksheets, or other materials (including text, images, or website design) on
abcteach be re-sold or re-distributed without the express permission of
abcteach.
2.7. We may permit you to use abcteach materials in your creation and sale of
educational materials produced by you individually, on sites such as Teachers
Pay Teachers, upon your payment of a separate additional fee and your submission
of an executed agreement as stated elsewhere on the Site. This would offer you a
limited non-exclusive license to use abcteach materials within the scope of the
separate agreement; such permission being terminable at any time by abcteach in
our sole discretion; you agree that you will immediately cease the use, or
offering for sale, or sale, of any such educational materials in the event we
take such action. By using any materials, you acknowledge that other members may
be acting under similar permissions and creating similar materials.
2.8. If you desire to use abcteach materials in any other manner, or if you have
any questions about permissible uses that are not specifically addressed here,
you should address your inquiry to support@abcteach.
3. RESPONSIBILITY FOR USER-CREATED CONTENT
3.1. The Site has tools and other features, including but not limited to
abctools, the abcWorkshop, and other applications, that facilitate the creation
of user-generated word lists, puzzles, worksheets, and other resources. The
user-selected content of such user-generated materials is your sole
responsibility and not that of abcteach. If any other person, including children
or students, uses your member account to access or use abctools or abcWorkshop
or any other abcteach application, you agree to and assume responsibility for
any such materials.
3.2. You are responsible for assuring that any materials, lists, documents or
other documents created with this abcteach tools, resources, and applications,
are appropriate, and you will not cause or permit the tool to be used to create
harmful, vulgar, threatening, or otherwise inappropriate content.
3.3. If you share an abcteach document or user-generated document, by any means
including any of the sharing features or applications or tools found on the
Site, you are solely responsible for the content of the transmitted materials or
documents.
3.4. If any sensitive materials or information or documents from the Site, or
user-generated materials, are shared or provided to a child under the age of 13,
you agree that you will first obtain express consent from the child’s parent or
guardian(s) to share such documents with the child, and obtain permission and/or
releases for the use of any user-generated information concerning the child or
the child’s family that may be contained in such documents.
4. LICENSE GRANT TO ABCTEACH
By posting information on or through our Sites, you automatically grant abcteach
a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display the
information, alone or as part of other works, in any form, media, or technology,
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sub-licensees.
5. CHARGES, PAYMENTS, AND SUBSCRIPTION CHARGES AND CANCELLATION
5.1. We currently offer one-year and two-year individual memberships for single
payment, and a monthly plan with payment of an initial setup charge followed by
monthly payments. We also offer group memberships to schools, districts, and
groups, the details of which are described separately. The terms and prices of
individual memberships as they may exist from time to time are stated on the
Site. We may choose to offer different membership plans. By becoming an abcteach
member, you agree that we may renew your subscription automatically for the same
subscription terms on the day your previous subscription ends, and you authorize
us to charge you for the subscription term, unless you cancel your account prior
to its renewal date through the cancellation process, as provided in sections
5.4 – 5.6 below.
5.2. We use third-party payment providers (such as CyberSource and other
providers) for all credit and debit card and PayPal and similar transactions. We
do not collect or retain information about user’s credit or debit cards or
PayPal accounts or other payment mechanism, all of
which information is retained and used according to secure procedures of the
third-party payment providers.
5.3. Depending on the plan you choose, you will be charged a fee automatically
through our renewal system. By becoming an abcteach member, you are agreeing
that we are authorized to charge you the membership fee associated with the type
of membership (monthly, yearly, or bi-yearly) that you chose during
registration. You agree that we are authorized to charge you the membership fee
at the then-current rate to the payment method you provided during registration.
Please note that prices and charges are subject to change without notice. Fees
each month may be modified using credit card, debit card, PayPal, or other
payment methods available through your account. This includes:
promotional discounts advertised in our weekly member newsletters, or on-brand
promotional ads. Each renewal payment will take place on or about the
anniversary of the original date of account registration. If all eligible
payments methods we have on file for you are declined, you must provide us a new
payment method promptly or your membership will be canceled. If the renewal of
your membership fails for any reason, we will attempt to process your renewal
for a period up to thirty (10) days.
5.4. Membership Cancellation. You may cancel your membership any time by
visiting Your Account and adjusting your settings. If you choose to cancel your
subscription or fail to pay any fees, we may stop your membership. If you cancel
your membership or are no longer a paid user, you have the option to continue
use as a free user.
5.5. UNLESS YOU NOTIFY US BEFORE A SUBSCRIPTION PAYMENT THAT YOU WANT TO CANCEL
OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ABCTEACH MEMBERSHIP WILL
AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE
MEMBERSHIP FEE AND ANY APPLICABLE TAXES, USING ANY/ ALL ELIGIBLE PAYMENT METHODS
WE HAVE ON RECORD FOR YOUR ACCOUNT.
5.6. ALL FEES ARE NON-REFUNDABLE. Termination of your account
may include removal of your access to all offerings of the website; including
password, information, files, and user content associated with your account, and
barring any further use of abcteach membership services and tools.
5.7. We may terminate your membership at our discretion without notice. If we do
so, we will provide a prorated refund based on the number of days/months
remaining in your membership. However, we will not give any refund for
termination related to conduct that we determine, in our discretion, violates
these terms or any applicable law, involves fraud or misuse of the membership
agreement, or is harmful to our interests or another use.
5.8. By applying for membership, you represent that: you are over the age of 18;
that you are competent to enter into a contract; that you are the owner of, or
authorized by the owner, to utilize the credit or debit card or other payment
mechanism used for the payments; that the information you submit about your
location and contact information is correct; that you will promptly notify us of
any change in your email address or payment mechanism; and that you have read
and agree with the provision of these Terms of Service and Privacy Policy. We
reserve the right to decline any application for membership, or to change the
terms and/or conditions of any account at any time, for any reason or no reason.
5.9. We may offer, on the Site or through other means, and broadly or to limited
groups of potential members, promotional prices, seasonal pricing, free trial
memberships, or other special prices and terms. Such promotional activities do
not affect existing memberships, and abcteach will not provide or offer such
promotional prices to existing members or users, and will not provide refunds or
rebates or other price protections.
PRIVACY POLICY
1. This Privacy Policy applies to all websites, public and membership,
operated by abcteach. By providing information to us or using the Site, you
agree to the terms and conditions of this Privacy Policy.
2. abcteach will not knowingly send marketing or other messages to children.
Nor does abcteach knowingly permit children to communicate through the Site
or to provide personal information to us.
3. Types of Information abcteach Does and Does Not Collect
1. Member Registration Information. abcteach collects and stores certain
information that members, subscribers, and users of the Site are
required to provide in registering for or subscribing to the Site. Such
information can vary depending on the nature of the account, and may
include personal identifying information such as name, email address,
school or district information, physical address, etc.
2. Electronic Payment and Credit Card Information. abcteach currently
utilizes third party providers to handle electronic and credit card
payment transactions, and abcteach does not itself collect or store
information concerning such payments. If you want to review the privacy
policies of such third party service providers, please request contact
information for those providers by contacting abcteach at the one of the
addresses given below.
3. Payments by Check or Bank Transfers. When abcteach receives payments by
check or bank transfers, most often from schools and districts, we
collect and maintain information about such payments.
4. Information about Usage of the Site. We collect information on usage of
the Site, which may include pages visited, and downloaded, time on site,
identifying information about the uses, etc.
5. "Cookies" and other Tracking and Technology Information. abcteach and
our third party service providers may use cookies and other technologies
to retrieve and store information about Site usage, browser type, IP
addresses, pages visited, date and time of usage, etc.
6. Information derived from use of ABCTOOLS and abcWorkshop and other
abcteach services and products. If a member or others introduce
information into the system by utilizing any of abcteach's services or
products including ABCTOOLS or abcWorkshop, it is possible such
information will be gathered or stored. You represent, by using or
permitting such use of the Site by yourself or by others or by children,
that any personal information that may be included in such usage is used
with permission and authority, including parental consent, and that you
represent to us and our service providers that we are permitted to use
the information.
4. How We Use Information
1. abcteach may use personal information for any legally permissible
purpose, including the following:
1. Registration and use of the Site.
2. Payment for membership or subscriptions or products or services.
3. Internal business purposes.
4. Newsletters distribution.
5. Special offers and marketing relating to abcteach.
6. Customer service and problem resolution.
7. Enforcement of abcteach intellectual property rights and membership
terms and conditions.
8. Responding to legal process or governmental requests for
information.
9. As required under applicable law or regulations.
10. In connection with possible future transactions affecting abcteach,
such as the sale of the Site, or mergers, sales of assets,
reorganizations, etc. , in which event all or a part of stored
information including member and user information may be transferred
to a successor business or website operator.
11. As we may require in connection with specific services and products,
current or future.
5. Children's Privacy Notice
Usage of the Site is limited to adults and children are not permitted to
use the Site. Nor do we request that any personal information be provided
by or about children including those in your family or classroom. Children
under the age of 13 are not requested to provide any personal information
while using the Site. However, to comply with the Children's Online Privacy
Protection Act, if it is brought to our attention that children under 13
years of age intend to use the Site, we reserve the right to require you to
seek the consent of Parents in order for children under 13 years of age to
use the Site in any manner that could result in the submission of personal
information, and to terminate your access to the Site if such consent(s) is
not obtained or submitted timely. If a member, teacher, or parent uses the
Site or any of its tools or products in a manner by which a child could
disclose personal information to others, it shall be a representation by
that member, teacher or parent that the child's parent has expressly
authorized such use and has expressly authorized abcteach to collect,
store, and distribute the child's personal information to other users of
the Site. Additionally, such personal information may be collected or
stored by the cookies and other technologies described above. Parents may
contact abcteach at the addresses provided below.
6. Security
abcteach attempts to secure its information and that of others by using
reasonable safeguards and procedures. However, no internet or electronic
data communication, transmission or storage system can be guaranteed to be
completely secure. For that reason, abcteach cannot and does not guaranty
the security of information transmitted to or shared with us. You use the
Site and provide and share information at your own risk. If you have
questions or concerns, you should not submit or share personal information
or other sensitive information.
7. Links to Other Sites
abcteach does not ordinarily link to other websites. If such links are
used, those websites or applications will be not be covered by this Privacy
Policy. Users should review privacy policies of such sites and
applications.
8. Consent to Transfer of Information to the United States and to the
Application of U.S. Law and Jurisdiction.
abcteach is operated and managed by ABCTEACH LLC from within the United
States. Neither the Site nor its staff nor its owner intend to be governed
or subjected to the laws or jurisdiction of any other country other than
the United States. Information provided to abcteach or to its third party
service providers will be processed, stored, and used in the United States
and other countries where the service providers or abcteach or affiliates
may have operations. By using the Site, you irrevocably consent to the
transfer of information to the United States, or to other countries other
than your country of residence, and to the storage and use of the
information in the United States. You acknowledge and agree that, to the
extent that the laws of the United States differ from those of your country
of residence, you consent to the application of the laws of the United
States to your information and to the relationship between yourself and us,
and you covenant and agree that you will not assert that other law is
applicable. Any litigation or court proceedings of any nature concerning
the relationship between you and abcteach, or to these terms and
conditions, or to the Privacy Policy, or to any other matter relating to
abcteach, shall be only and exclusively in the Circuit Court for Oakland
County, Michigan, or the United States District Court for the Eastern
District of Michigan, and you irrevocably consent to personal jurisdiction
in such forums for any such litigation or proceedings.
9. Indemnification and Hold Harmless
You agree to indemnify, defend, and hold harmless abcteach, and all related
parties and services, from any and all liability, penalties, losses,
damages, costs, expenses, attorneys' fees, causes of action, or claims
caused by or resulting indirectly from your use of our Sites.
10. No Warranties
Use of this service is on an "as-is" basis. ALL WARRANTIES, INCLUDING BUT
NOT
LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE AND MERCHANTABILITY, ARE SPECIFICALLY DISCLAIMED. Any
contact with any agents of this service, either in person or through
electronic means does not create a warranty.
11. Changes to Our Terms of Service and Privacy Policy
We may change these Terms of Service and Privacy Policy at any time and
such changes will become effective when posted to the Site. Your use of the
Site following such the posting of any revised Terms of Service and Privacy
Policy means that you accept the revised terms and policy.
12. Contact Information Regarding Terms of Service and Privacy Policy
Legal questions and concerns should be directed to our General Counsel,
whose email address is legal@abcteach.com. Alternatively, first class mail
addressed to General Counsel, ABCTEACH LLC, c/o Bodman PLC, 1901 St.
Antoine Street, Detroit, Michigan 48226.
Other questions should be directed to Customer Support, whose email address
is support@abcteach.com.
REVISION DATE: August 1, 2017