General Terms of Use

This Agreement shall remain in full force and effect while you use the MyVideoSpot Service (hereafter referred to as Service), or are a registered User of this Service.

This Service may terminate your user registration at any time if the terms and conditions in this document are not followed.

When you become a registered user, you will obtain a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the user account or password of another user at any time or to disclose your password to any other person. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Administrators at each school site have the ability to change passwords of users within their district, including student passwords.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of this Service to terminate the user registration of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on this Service in a way that constitutes copyright infringement, please contact us.

Background

Please read the following agreement carefully. This document explains your rights and obligations as a user of this Service.

The internet and the world is changing rapidly. For these reasons it may be necessary to update or revise parts of this agreement or features of this Service. If you choose not to agree with the proposed changes your only remedy would be to cancel your Account(s). We may at any time modify or discontinue service without liability to any user or third party.

Acceptance of Terms:

By completing the registration process, providing us with current, complete and accurate information, and by logging in and using the service, you are agreeing to be bound by these Terms of Service.

General Policy and Guidelines:

When your information is verified and you accept this agreement, you will become a registered User, with an access level of either: ‘District Administrator’, School Administrator’, ‘Teacher’, ‘Student,’ or other User of this service. As a ‘District Administrator’, ‘School Administrator’, ‘Teacher’ or other administrative user, you accept responsibility to issue accounts to only those individuals that are students, teachers, or verified employees of your school/district.

The use of this Service shall for this reason be under an Administrator or Teacher’s direction and monitored as a regular instructional activity.

Guideline I: Unacceptable uses of this Service include:

1. Transmitting any content; by which we mean text, videos, software, images, sounds, and other information, that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, in bad taste, hateful, of malicious intent, or racially, ethnically, or otherwise offensive. 2. Impersonating any other person, entity, or organization or misrepresenting your affiliation with any other person, entity, or organization. 3. Copying or uploading any content that would be in violation of patent, trademark, copyright law, or other protected material.

Guideline II: Unauthorized Access

Account users shall be responsible for unauthorized access made through their username and password. For this reason, this Service recommends that users change their passwords periodically.

Guideline III: Assignment Storage and Other Limitations

We are not responsible or liable for the deletion of files, whether videos, images, audio files, documents, or any other uploaded content. All users are provided unlimited storage and bandwidth, as long as the items being stored are for educational purposes and in relation to their position within the educational organization.

Guideline IV: Liability

You assume total responsibility for the use of the Service and use the same at your own risk. This Service exercises no control over and has no responsibility whatsoever for actions taken on the internet, and this Service expressly disclaims any responsibility for such actions. You acknowledge to this Service, and for this Service’s benefit and the benefit of its directors, employees, licensors, and agents that the software may contain bugs and is not designed or intended for use in mission critical environments requiring fail-safe performance.

You, and not this Service, are entirely responsible for maintaining the confidentiality of your passwords and account(s) and are responsible for any activities which occur under your account(s). You agree to notify us and your district authorities immediately of any unauthorized use of your account or any other breach of security known to you.

While the Service endeavors to provide a safe and secure environment for Student Users through features like MediaMonitor, it is important to note that MediaMonitor operates using automated algorithms and may not catch all instances of inappropriate content. Therefore, Users acknowledge and agree that Service cannot guarantee the accuracy or effectiveness of MediaMonitor in detecting all potentially harmful material and as such, Users agree to indemnify and hold harmless Service from any claims, damages or liabilities arising from the user of this feature.

Guideline V: Warranty

The Software has been provided by us solely “as is,” and without warranty by us and/or any of its licensors of any kind, and, to the maximum extent allowed by applicable law, this Service and/or any of its licensors expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. There is no warranty that the functions contained in the Software will meet your requirements, that the use thereof will be error free or that the Software is free of viruses or other harmful components. This Service and/or any of its licensors do not warrant, guarantee, or make any representations regarding the use of the results of the use of the Software with respect to its performance, accuracy, reliability, security capability, correctness or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to this Service and/or any of its licensors. The exclusion of implied warranties is not permitted by some jurisdictions and thus, the above exclusion may not apply to you.

Guideline VI: Ownership of Content

It is our policy that all Customers, whether the customer is a school district, school, other government office, or a corporate or not-for-profit organization, maintain the complete ownership of all content uploaded by their Users to the Service, as long as the customer is the owner of said content when uploaded to or created within the Service. Users are defined as Administrators, Teachers, and Students, or any person that is provided an account by the institution or organization, for access to the MyVideoSpot system. MyVideoSpot, nor any of its directors, owners, employees, partners, or subsidiaries will under any circumstance share, copy, modify, distribute, make available for hire, or hold your files in the system for future proprietary use, without your written permission.

Guideline VII: Termination and Cancellation

Either you or this Service may terminate or cancel your accounts at any time. You can cancel your account by notifying our Customer Service department at 1-888-237-6740, or by sending your cancellation request to: PO Box 272266, Fort Collins, CO 80527. If Customer cancels the service within the first three months of service, whether for new service or renewal of services, a refund of 50% of the paid amount will be refunded. If Customer cancels the service after the first three months of service, but prior to six months of service, then a 25% refund will be paid. If Customer cancels the service after six months of service, no refund will be provided. If MyVideoSpot cancels the service of a Customer, a prorated amount will be refunded, based on the number of months left in Customer’s annual subscription.

Guideline VIII: Third-Party Connections and Privacy

MyVideoSpot provides many integrations to external platforms and often uses API calls to access these services. These integrations include but are not limited to Google, Microsoft, Classlink, Clever, Canvas, ParentSquare, Audio Enhancements, and Finalsite. These integrations are subject to change at any time due to changes with 3rd party platform(s). These changes can include termination or suspension of the integration with the MyVideoSpot service.

Guideline IX: Disposal of Content

Upon termination or cancellation of the Service, all previously uploaded User content will remain in MyVideoSpot’s database for 30 days, or as long as required under the retention laws of the state where the Customer resides. After the specified 30 days or longer as noted above, and at the direction of the Customer, the data will either be archived for possible future retrieval, or will be completely removed from the system, including any backup copies.