Terms of Service
Terms of Service
Welcome to the Elementari Site. This page tells you the terms on which you may use our website Elementari.io, whether as registered user or guest. Please read carefully before use. By using the site the site in any way, you accept the Terms of Service and agree to obey them.
Table of Contents
- Acceptance and Amendment of Terms
- Ability to Accept Terms of Service
- User Accounts
- General Use of the Service
- User Conduct
- User Content License
- Payments, cancellations, upgrades
- Warranty Disclaimers, Limitations of Liability, Indemnity
1. Acceptance of Terms
Elementari, LLC. ("Elementari," "we" or "us") is pleased to provide you with access to the Elementari platform, which allows a user ("User" or "you") to read, write, share, and contribute to stories on the Elementari website, or embed on third-party websites. All elements of the Elementari platform, along with our proprietary interactive story reader and software, are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
By accessing our Services, you are agreeing to be bound by these Terms of Service and any other terms, policy or other document incorporated in these terms and conditions by reference. Furthermore you agree to be bound with all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version (found at https://elementari.io/policy/terms). Elementari may, in its sole discretion, modify or revise these Terms of Service at any time. Modifications and revisions will take effect 5 days after they have been posted. Nothing in these Terms of Service shall be deemed to confer any third party rights.
2. Ability to Accept Terms of Service
- You must be 18 to accept these terms. All users of Elementari should be aware that you must be 18 or older. If you are younger than 18 years of age you must have the consent of a parent or legal guardian to accept these terms. In addition, you represent that you are 18 years of age or older and are lawfully able to enter into contracts if (a) you are signing up for an Educator account, or (b) are a parent or legal guardian of a child under 13 who is signing up for Elementari.
- If you are accepting these Terms and using the Services on behalf of an educational institution or other legal entity, you represent and warrant that you are authorized to do so.
3. User Accounts
- A Elementari account is required in order to take full advantage of the Services (as an Elementari Member), for example creating and publishing stories, uploading assets, and interacting with other Members. The account can be created directly by filling out the appropriate form, or via third-party website accounts such as Twitter, Google or Facebook.
- You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current.
- You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You may not transfer your account to any third party.
Below are specific terms for teachers or schools and students.
3.1 Educators and Schools
Elementari can be used by teachers, schools and other educational establishments as follows:
- To create student accounts that students can access using an class code generated by us. By passing on the student accounts, you have obtained consent from the parent(s) or legal guardians of those students to use Elementari in the classroom.
- You agree that you will protect access to your account and access to it by keeping your password and access codes secure and not known to or visible by anyone else; and
Elementari can be used by students as follows:
- To access a teacher's classroom using a class code passed on to you by your teacher or school. If you are under 18 your parents must have provided the teacher or school with their consent to this before you use the code; and
- You agree that you will keep your account password (if you have one) and any access codes provided to you secure and not known to or visible by anyone else.
4. General Use of the Service
Elementari hereby grants you non-exclusive, non-transferable, worldwide right to access and use the Elementari Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the Elementari Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Elementari Site. All rights not expressly granted to you are reserved by Elementari and its licensors. You shall not:
- Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Elementari Content, and User Content except as permitted by this Agreement.
- If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the Elementari website.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series popularity or advancement within any programs that Elementari offers to users.
- Notwithstanding the foregoing, Elementari grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. Elementari reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
- In your use of the Service, you will comply with all applicable laws.
- Elementari reserves the right to discontinue any aspect of the Service at any time.
5. User Conduct
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users.
You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, avatars, information, and other files (collectively, “Content”), that you contribute to the Site. For Illustrators, Composers, and Writers, this also includes, but is not limited to illustrated characters, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
You may not use the Service to upload, transmit or link to any material or content that goes against the Elementari Content and Community Guidelines, currently found at https://elementari.io/policy/content. These guidelines may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. Prohibited actions includes but is not limited to:
- Transmitting or otherwise use any material that is defamatory, offensive or otherwise objectionable in relation to your use of Elementari.
- Attempting to falsely state or otherwise misrepresent your identity or affiliation with a person or entity
- Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Transmitting or encouraging the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
6. User Content
The Site allows Members to create their own stories by assembling Content available on the Site, and to share those stories through the Site with other Users. The Site also allows Elementari-approved Illustrators and Composers to supply their Content for our Users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by Users as “User Content”.
You remain the owner of your User Content at all times, and Elementari does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto our Website during the term of this Agreement.
You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
You further agree that Content you submit to an Elementari Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant Elementari Services all of the license rights granted herein.
Furthermore, you agree that all illustrations and sounds uploaded adhere to Elementari’s Upload Guidelines. Photos should not be uploaded as illustrations.
Elementari does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Elementari will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
Elementari has the sole discretion to determine whether Content is prohibited, and any Content submitted to the Service may be subject to examination from time to time. Although Elementari does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Elementari may delete, move, and edit Content for any reason, at any time, without notice. Elementari in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.
6.2 User Content License.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content only to the extent necessary to provide the Site and Services to Users, including to display User Content in the manner requested by the User to operate the Site and Services. Furthermore, Elementari does not restrict you from using your Content.
- In order for us to make the User Content you contribute available on the Site, you herby grant Elementari a non-exclusive, worldwide, royalty-free (except as expressly set forth in this Agreement) license and right to use, reproduce, publicly display, distribute and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your User Content. You further grant Elementari the right to use your name and trademarks, if any, in connection with our use of your User Content. Our rights under this license remain in place even after termination of your account for existing stories and published content.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content (in the form of remixes) within the scope of the Elementari Platform.
- Users are not permitted in using User Content (illustrations, sounds, or written word) that does not belong to them outside of the Elementari Platform in any way.
- We may from time to time change the manner in which User Content can be used by the Service, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) month before the Agreement as amended is effective.
- You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases.
A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the Site as an illustrator or composer is used in a Story, or is used by us in promotional materials, those uses may continue until they cease.
While it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates this Agreement. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
Elementari Partners Program
Elementari is an advocate of the arts. That’s why we believe in transparency and profit sharing with our partners. Illustrators and Composer enrolled in our Partners program can benefit from profit sharing with us (Membership Programs).
- You will need to be over 18 years of age in order to be eligible for the Elementari Partners Program and its benefits.
- You will need to have contacted Elementari with your portfolio or have been contacted by Elementari to join.
You may withdraw from participating in our Elementari Partners Program at any time by sending us a notice.
For some Trials, we’ll require you to provide your payment details to start the Trial. We will charge you on a recurring basis for the selected subscription fee at the end of the Trial using the payment details you have provided us, unless you cancel your subscription prior to the end of the Trial.
You have provided your payment details in conjunction with the Trial and you accept that we charge you using such payment details. If you do not want this charge, you must cancel your Paid Subscriptions through your Account Settings, contact use at email@example.com, or terminate your account before the end of the Trial. If you do not want to continue to be charged on a recurring monthly or annual basis (as the case may be, depending on your Service Plan), you must cancel the applicable paid subscription through your Account Settings page under Plans or terminate your account before the end of the recurring monthly period. Paid Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Elementari will not refund any fees that you have already paid.
8. Payments, cancellations, upgrades
8.1. Payments and cancellations
If you have signed up for Elementari's Free Plan or if you cancel your Paid Subscription during the Trial, Elementari will never charge you any fees for your use of the Service.
If you have signed up for a Paid Subscription for a subscription fee, you will be charged for that Plan's amount upon expiry of any Trial. The Paid Subscription and the payment to Elementari will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your Account Settings page before the end of the current subscription period.
If you cancel your Paid Subscription, the cancellation will take effect immediately, after which you will be downgraded to Elementari's Free Plan. We will not refund any subscription fees already paid to us.
Elementari may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect, in which case you will be downgraded to Elementari's Free Plan. Current pricing can be found here.
We do not provide any refunds if the price for a Paid Subscription drops, or if we offer subsequent promotional pricing or change the content or features of a Service Plan. All sales are final and non-refundable except where specifically provided to the contrary on the Site, including in the event of termination of your account on the Site.
You agree that you will pay for all products and services you purchase through the Service, and that we may charge your credit card or other form of payment for any products and services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit card (or other form of payment accepted on the Site) for payment of all fees. All fees will be billed to the credit card or other form of payment you designate during the registration or payment process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online in the User Settings section of the Site.
If a scheduled recurring payment is declined, we’ll email you to update your payment information. We’ll also send email reminders every few days. If your payment information is not updated within 10 days, your subscription will be cancelled. To fix this, you’ll need to sign in and go to your User Settings to update billing information and reactivate your subscription.
You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to Elementari via email at firstname.lastname@example.org.
Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to Elementari, the program or any other users (in each case as determined by Elementari's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
Any breach or non-compliance of any of these Terms of Service will entitle Elementari to immediately and without notice (i) terminate any User account, which could result in the removal of any data in the account from our servers and any User Content of the Member (including permanent deletion of data), and (ii) block you from any further use of the Site and Service. If we terminate your account or this Agreement, our license to your User Content shall continue as described in Section 6.2.3 of this Agreement.
After termination of your license to us with respect to all of the User Content you contribute to the Site or termination of your account, you will no longer have access to your account and all information contained therein may be deleted. If you need assistance, please contact us at the technical support contact information available on the Site.
10. Warranty Disclaimers, Limitations of Liability, Indemnity
3rd Party Links
Any links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other websites or locations may also be posted by users on their profile page or elsewhere on the Site. Please note that such independent sites are not under our control and we are not responsible for and have not checked and approved their content. You will need to make your own independent judgement about whether to use any such independent sites. Please be aware that those linked sites have their own terms and privacy policies, and we encourage you to read them.
The materials on Elementari’s website are provided "as is". Elementari makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Elementari does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Elementari is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users do, post, transmit or share on the Site. Furthermore we do not explicitly or implicitly condone or support any message or claim made by any of User.
Under no circumstances will Elementari be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.
Limitation of Liability
In no event shall Elementari Parties be liable to you for any damages (including, indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use or inability to use the the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the Elementari Parties are aware or have been advised of the possibility of such damages.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify and hold harmless the Elementari Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or Members infringes the intellectual property or other rights of any third party.