Terms of Service

Last Updated Date: March 4, 2014

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THESE TERMS OF SERVICE BELOW AND AGREE TO THEM ON YOUR BEHALF. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THESE TERMS OF SERVICE, YOU DO NOT HAVE PERMISSION TO USE THIS BROWSER EXTENSION OR SITE. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.

IF YOU ARE UNDER THE AGE OF 13, YOU DO NOT HAVE PERMISSION TO USE THIS BROWSER EXTENSION OR SITE UNLESS (i) YOUR PARENT OR GUARDIAN READS THESE TERMS OF SERVICE BELOW AND AGREES TO THEM ON YOUR BEHALF; AND (ii) YOU USE THIS APPLICATION AND/OR SITE ONLY AS INSTRUCTED TO DO SO BY YOUR SCHOOL TEACHER, TEST PREPARATION AND/OR TUTORING INSTRUCTOR, AND/OR EDUCATOR.

Before continuing, you must read and agree to the Propagate Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. Propagate may, in its sole discretion, modify or revise these terms and conditions and policies at anytime, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Propagate service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

PROPAGATE TERMS OF SERVICE

These Terms of Service ("Terms") govern your access to and use of the Propagate website (the "Site"), web browser extension (the "Browser Extension"), any information, text, graphics, or other materials appearing on the Site or collected through the Site or Browser Extension (excluding Personal Information as defined in the Privacy Policy) (the "Content"), and accounts, collectively referred to herein as the "Propagate Service". Your access to and use of the Propagate Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Propagate Service you agree to be bound by these Terms.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, REGISTERING FOR A PROPAGATE SERVICE ACCOUNT BY LOGGING IN TO YOUR ACCOUNT WITH A THIRD PARTY (INCLUDING BUT NOT LIMITED TO GOOGLE OR FACEBOOK), DOWNLOADING OF THE BROWSER EXTENSION OR ANY BROWSER EXTENSION UPGRADES, OR ACCESSING OR USING THE PROPAGATE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR BROWSER EXTENSION. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PROPAGATE SERVICES OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

MODIFICATION

Propagate reserves the right, at its sole discretion, to modify, discontinue or terminate the Propagate Service or to modify these Terms, at any time and without prior notice. By continuing to access or use the Propagate Service after Propagate makes any such revision, you are indicating that you agree to be bound by the modified Terms.

ELIGIBILITY

By accessing or using the Propagate Service you represent and warrant to Propagate that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the Propagate Service, and your parent has read and agrees to these Terms on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Propagate Service and take full responsibility for the selection and use of and access to the Propagate Service. These Terms are void where prohibited by law, and the right to access the Propagate Service is revoked in such jurisdictions.

ACCOUNT REGISTRATION

In order to access the Propagate Service, you must register to create an account (“Account”) and become a Subscriber. Propagate reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party, other than your parents or guardians if you are a minor, and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Propagate of any unauthorized use of your Account.

PRIVACY

See our Privacy Policy at www.mypropagate.com/privacypolicy for information and notices concerning collection and use of your personal information.

USE BY CHILDREN

Propagate collects limited personal information from minor students under the age of 13, but only where that student’s school, school district, test preparation or tutoring company, and/or educator has elected to make the Propagate Service available to its students for the use and benefit of the learning environment. Propagate requires schools, school districts, test preparation or tutoring company, and/or educators to obtain parental consent from students’ parents before accessing the Propagate Service – IT IS THE RESPONSIBILITY SOLELY OF THE APPLICABLE SCHOOL, SCHOOL DISTRICT, TEST PREPARATION AND/OR TUTORING COMPANY, AND/OR EDUCATOR TO COMPLY WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”), WHICH REQUIRES PARENTAL CONSENT FOR ONLINE COLLECTION OF PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13 (SEE RELATED OBLIGATIONS BELOW). If you are a student, please do not send any personal information about yourself to Propagate, other than what we request from you when you sign up for the Propagate Service. In the event that we learn that we have collected personal information from a minor student without parental consent being obtained by his or her school, school district, test preparation and/or tutoring company, and/or educator, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Propagate Service, we will delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Propagate Service, or that a student’s school, school district, test preparation and/or tutoring company, and/or educator has not required parental consent prior to our collection of any personal information, please contact us at info@propagatevocab.com.

If you are a student, the following terms apply to you: (i) you must get your parent or guardian to read these Terms of Service before using the Propagate Service; (ii) you will only register for and access the Propagate Service as a student registrant, and not as an educator, parent, or any other category of user; and (iii) if you are under the age of 13, you will only access the Propagate Service as instructed to do so by your educator.

If you are accessing the Propagate Service on behalf of a school, school district, or test preparation and/or tutoring company, you agree to and acknowledge as follows: (i) you are responsible for the use of the Propagate Service, including web browsing functionality, by students and educators in your school, school district, test preparation and/or tutoring company; (ii) you represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under the age of 13; (iii) you will obtain advance written consent (“Consent”) from all parents whose children will be accessing the Propagate Service, keep signed Consents on file and provide them to Propagate upon our request, and provide all parents with a copy of our Privacy Policy (located at www.mypropagate.com/privacy-policy); (iv) you will only grant access to the Propagate Service to students, educators, and instructors who are current students or employees, as applicable, of your school, school district, or test preparation and/or tutoring company; (v) if at any time you learn a user of the Propagate Service claims to be affiliated with your school, school district, or test preparation and/or tutoring company who is not, in fact, affiliated with your school, school district, or test preparation and/or tutoring company you will notify Propagate immediately at info@propagatevocab.com. For more information on COPPA, please see www.ftc.gov/privacy.

If you are accessing the Propagate Service as an educator or test preparation and/or tutoring instructor, you agree to and acknowledge as follows: (i) you represent and warrant that you have permission from your school and/or school district or your test preparation and/or tutoring company to enter into these Terms and to use the Propagate Service as part of your curriculum; (ii) you further represent and warrant that you are entering into these Terms on behalf of your school and/or school district or your test preparation and/or tutoring company, and that you have authority to bind your school and/or school district or your test preparation and/or tutoring company to the terms of these Terms of Service; (iii) you are responsible for the use of the Propagate Service, including web browsing functionality, by your students; (iv) you represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under the age of 13; (v) you will obtain Consent from all parents whose children will be accessing the Propagate Service, keep signed Consents on file and provide them to Propagate upon our request, and provide all parents with a copy of our Privacy Policy (located at www.mypropagate.com/privacy-policy); (vi) you will only grant access to the Propagate Service to students who are current students of your school, school district or test preparation or tutoring company; (vii) if at any time you learn a user of the Propagate Service claims to be affiliated with your school, school district, or test preparation and/or tutoring company who is not, in fact, affiliated with your school, school district, or test preparation and/or tutoring company, you will notify Propagate immediately at info@propagatevocab.com. For more information on COPPA, please see www.ftc.gov/privacy.

If you are accessing the Services as a parent, you agree to and acknowledge that you understand that your acceptance of these Terms indicates that you are agreeing to these Terms both on your own behalf as well as on behalf of your child or children who use the Propagate Service.

YOUR USE OF THE CONTENT

Subject to your compliance with the terms and conditions of these Terms, Propagate authorizes you to access, download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes.

PROPAGATE PROPERTY

All right, title, and interest in and to the Propagate Site, Content, Browser Extension, and Propagate Service are and will remain the exclusive property of Propagate and its licensors. The Propagate Site, Content, Browser Extension, and Propagate Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Propagate Site, Content, Browser Extension, and Propagate Service on or in connection with any other website, for any purpose.

PROPER USE OF THE SERVICE

You agree that you will use the Propagate Site, Content, Browser Extension, and Propagate Service in compliance with all applicable local, state, national, and international laws, rules and regulations,including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Propagate Site, Content, Browser Extension, and Propagate Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Propagate; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary,contractual or fiduciary rights or obligations; (iii) prevent others from using the Propagate Site, Content, Browser Extension, and Propagate Service; or (iv) use the Propagate Site, Content, Browser Extension, and Propagate Service for any fraudulent or inappropriate purpose.

To uphold the quality and reputation of Propagate, your use of the Propagate Site, Content, Browser Extension, and Propagate Service is subject to the following policies. If you are found to be in violation of our policies at any time, as determined by Propagate in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our policies at any time, and pursuant to our Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here.

In addition to (and/or as some examples of) the violations described above, users may not:

  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • Transmit content that may be harmful to minors
  • Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
  • Use Propagate to violate the legal rights (such as rights of privacy and publicity) of others
  • Promote or encourage illegal activity
  • Interfere with other Propagate users' enjoyment of the Service
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
  • Request, collect, solicit, or otherwise obtain access to login names, passwords or other authentication credentials for Propagate
  • Access any Propagate account by automated means
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Propagate account
  • Modify, adapt, translate, or reverse engineer any portion of the Propagate Site, Content, Browser Extension, and Propagate Services
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Propagate Site, Content, Browser Extension, and Propagate Services
  • Reformat or frame any portion of the web pages that are part of the Propagate Site, Content, Browser Extension, and Propagate Services
  • Access, tamper with, or use non-public areas of the Propagate Site, Content, Browser Extension, and Propagate Services, or the technical delivery systems of Propagate’s providers
  • Probe, scan, or test or attempt to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  • Access or search or attempt to access or search the Propagate Site, Content, Browser Extension, and Propagate Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Propagate or other generally available third party web browsers (such as Google Chrome Broswser) unless you have been specifically allowed to do so in a separate agreement with Propagate
  • Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Propagate Site, Content, Browser Extension, and Propagate Services to send altered, deceptive or false source-identifying information
  • Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, Content, Browser Extension, and Propagate Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site, Content, Browser Extension, and Propagate Services.

Violation of any of the foregoing may subject you to state and federal penalties and other legal consequences. Propagate reserves the right, but shall have no obligation, to investigate your use of the Propagate Site, Content, Browser Extension, and Propagate 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.

LINKS

The Site, Content, Browser Extension, and Propagate Services may contain links to third-party websites or resources. You acknowledge and agree that Propagate is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Propagate of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TERMINATION

If you violate any of these Terms, your permission to use the Site, Content, Browser Extension, and Propagate Services will automatically terminate. Propagate reserves the right to revoke your access to and use of the Site, Content, Browser Extension, and Propagate Services at any time, with or without cause. Propagate also reserves the right to cease providing or to change the Site, Content, Browser Extension, and Propagate Services at any time and without notice.

USE AT YOUR OWN RISK

Your access to and use of the Site, Content, Browser Extension, and Propagate Services is at your own risk. Propagate will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, Browser Extension, and Propagate Services.

AVAILABILITY OF THE SERVICE

YOU UNDERSTAND AND AGREE THAT THE SITE, CONTENT, BROWSER EXTENSION AND PROPAGATE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PROPAGATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. PROPAGATE MAKES NO WARRANTY THAT THE SITE, CONTENT, BROWSER EXTENSION, OR PROPAGATE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PROPAGATE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, BROWSER EXTENSION OR PROPAGATE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, BROWSER EXTENSION OR PROPAGATE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROPAGATE OR THROUGH THE SITE, CONTENT, BROWSER EXTENSION, OR PROPAGATE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, CONTENT, BROWSER EXTENSION, AND PROPAGATE SERVICES REMAINS WITH YOU. NEITHER PROPAGATE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, BROWSER EXTENSION OR PROPAGATE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, PROPAGATE SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PROPAGATE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF PROPAGATE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, CONTENT, BROWSER EXTENSION OR PROPAGATE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PROPAGATE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PROPAGATE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROPAGATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PROPAGATE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PROPAGATE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE PROPAGATE SERVICES.

IN NO EVENT WILL PROPAGATE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE PROPAGATE SERVICES OR SITE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO PROPAGATE FOR ACCESS TO AND USE OF THE SITE, CONTENT, BROWSER EXTENSION OR PROPAGATE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROPAGATE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold Propagate, and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, Browser Extension, or Propagate Service, or your violation of these Terms, including breach of any representations or warranties herein.

WAIVER AND SEVERABILITY

The failure of Propagate to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

JURISDICTION

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms are the entire and exclusive agreement between Propagate and you regarding the Propagate Service (excluding any services for which you have a separate agreement with Propagate that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Propagate and you regarding the Propagate Service. We may revise these Terms from time to time. By continuing to access or use the Propagate Service after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about this agreement, feel free to contact us info@propagatevocab.com.