School-terms

School-terms

SchoolParentsPortal.com WEBSITE Terms Of Service

Welcome to SchoolParentsPortal.com. SchoolParentsPortal.com as a tool that enables school staff to build online forms and store collected information. The SchoolParentsPortal.com website (the “Site”) is comprised of various web pages operated by Konstankino LLC (“SchoolParentsPortal”). SchoolParentsPortal.com is offered to you as a school administrator, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, as well as the terms outlined in the Software as a Service Agreement (the “Terms”). Your use of SchoolParentsPortal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

DESCRIPTION OF THE SERVICES

SchoolParentsPortal.com is a service that allows to build electronic forms by the school personnel to collect information from the parents that is needed for school enrollment process.

DEFINITIONS

The following definitions apply to this document: - “Agreement” means this SchoolParentsPortal.com WEBSITE Terms Of Service and SOFTWARE AS A SERVICE AGREEMENT which is incorporated by reference. - “Data” means any personally identifiable information including student data or metadata. - “De-Identified Data” means Data that has all direct and indirect personal identifiers removed including, name, ID numbers, date of birth and demographic information. - “Linked Sites” means an link to a third party websites unaffiliated with SchoolParentsPortal.com - “School Entity” means any school administrator or any person the School authorizes to create an SchoolParentsPortal.com on its behalf - “Service” means using SchoolParentsPortal.com website by the School Entity, providing the ability to create a unique login and post information, operating the Site, monitoring the Site’s performance.

ACCEPTING THESE TERMS

If you access or use the Service, or by clicking that you agree when prompted by SchoolParentsPortal.com, you are agree to be bound by these Terms. Please read all of the Terms before you use the Service. If a term or provision contained in these Terms does not make sense to you, please let us know. If you don’t agree to all of these Terms, you may not use the Service.

INTENDED PURPOSE

  1. School Entity agrees that the purpose of this Site is to collect and store information that is necessary for enrollment, to track parental authorization for certain activities such as pick up/drop off, dietary restrictions, and medications during the enrollment period and any other information reasonably necessary for processing by school administration.

  2. This is NOT INTENDED to collect or store any financial information such as credit card information, proof of income, or any other sensitive financial information. It is also not intended to store social security numbers, or medical information other than information about allergies or medication that must be given to a child during school hours and contact information for a physician in case of an emergency.

  3. The Site is a platform which enables School Entity to build its own customized forms. Because School Entity exercises absolute discretion about which questions to include, School Entity agrees it will only use the forms for its intended purpose stated in this section. If School Entity creates any question that is outside the form’s intended or uses the completed form for any purpose outside the intended use School Entity is solely liable for any damages to the School Entity, any third-party beneficiary whether or not they were an intended beneficiary, and any other individual, assigns, heirs, or entities and their assign.

  4. SchoolParentsPortal.com is a form builder portal, that allows you, as a school admin, to create electronic form and assign it for submission by enrolled parents, SchoolParentsPortal.com enables school staff then to collect and review form results which may include private information about enrolled families. It also allows to create accounts for school enrolled families for easy access to online forms. As an end user of this service, you as a school representative should manage enrolled parents accounts and make sure you collect only the information needed for Enrollment process and delete all the information when it’s no longer in need. This portal is not designed to store any sensitive information, such as social security numbers or credit card details. SchoolParentsPortal.com takes all known measures to make sure information collected stored securely.

  5. SchoolParentsPortal.com does not manage or review questions asked in online form. This portal gives school staff all the flexibility to collect and process information collected from enrolled families.

PROHIBITED USE OF THE SERVICE

You may not post or otherwise make available on or through the Service any of the following:

  1. Private information of any other person (including names, email addresses, phone numbers, Social Security numbers and financial information);
  2. Content that is libelous, defamatory, abusive, offensive or hateful;
  3. Content that is obscene, pornographic, indecent or sexually explicit, or that depicts graphic, excessive or gratuitous violence;
  4. Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
  5. Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
  6. Viruses, corrupted data or other harmful, disruptive or destructive files or code;
  7. Content that, in Konstankino’s judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose Konstankino or users of the Service to harm or liability of any type; and/or
  8. Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Service or other users:

  1. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  2. Collect or post private information of any third party, such as addresses, phone numbers, email addresses, social security numbers and credit card numbers;
  3. Intimidate, threaten, stalk, bully or otherwise harass other users;
  4. Post spam or commercial messages through the Service;
  5. Create an account or post any Content if you are not over 13 years of age;
  6. Use automated means to submit or edit Content;
  7. Use the Service for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; and
  8. Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.

Your use of the Service is at your own risk. Konstankino LLC is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Konstankino is not liable for Content. Although we have no obligation to screen, edit or monitor Content, we reserve the right, and have the discretion, to screen, edit or remove any Content at any time, for any reason and without notice. You represent and warrant that (a) you own and control all of the rights to all Content that you post or that you otherwise have the right to post your Content to the Service; (b) the Content you post is accurate and not misleading; and © our use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

HOW DATA IS USED

  1. SchoolParentsPortal.com may use De-Identified Data for product development, research, or other purposes. SchoolParentsPortal.com agrees not to attempt to re-identify De-Identified Data and not to transfer De-Identified Data to any party unless that party agrees not to attempt re-identification.
  2. SchoolParentsPortal.com will not use any Data to advertise or market to students or their parents. Advertising or marketing may be directed to the School Entity only if student information is properly de-identified.
  3. SchoolParentsPortal.com may change how Data is collected, used, or shared with parents under the terms of this Agreement with advance notice to and consent from the School Entity for the purpose of improving the services rendered under this Agreement.
  4. The Data is under complete control of the School administration. Therefore, SchoolParentsPortal.com will only collect Data requested by the School Entity from forms created by the School Entity of by SchoolParentsPortal.com personnel on behalf of the School Entity.
  5. SchoolParentsPortal.com will use Data only for the purpose of fulfilling its duties and providing services under this Agreement, and for improving services under this Agreement.
  6. SchoolParentsPortal.com is prohibited from mining Data for any purposes other than those agreed to by the parties. Except those that are explicitly permitted in writing by the School administration. Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents is prohibited.
  7. SchoolParentsPortal.com shall not share Data with any third parties without prior written consent of the School Entity except as required by Law.
  8. SchoolParentsPortal.com will enable School administration to destroy Data when it is no longer needed.
  9. SchoolParentsPortal.com will enable School Entity to retrieve the data for further processing within a reasonable amount of time upon written request. Once Data is deleted or moved from this Site it is no longer governed by SchoolParentsPortal.com and SchoolParentsPortal.com is not responsible for storing or processing data. Any Data held by SchoolParentsPortal.com will be made available to School Entity upon request by the School unless is it deleted.

INTERNATIONAL USERS

The Service is controlled, operated and administered by SchoolParentsPortal.com from our ofces within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. School Entitle agrees not to use the SchoolParentsPortal.com Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Specifically, this Site is not GDPR compliant. Therefore, School Entity agrees not to access Site from anywhere that is under the jurisdiction of the European Union.

KONSTANKINO’s RIGHTS

As between you and Konstankino, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Konstankino or is used with permission.

You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, fully-paid and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in order to provide the Service. Konstankino reserves all rights not expressly set forth in these Terms.

PRIVACY

Your use of SchoolParentsPortal.com is subject to SchoolParentsPortal.com’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting SchoolParentsPortal.com or interacting in any and all other ways with the Site constitutes electronic communications. School Entity consents to receive electronic communications and agrees to accept electronic service of all agreements, notices, disclosures and other communications. Any legal notices requiring written notice may be served on either party electronically, except for original service of process.

CONFIDENTIALITY AND SECURITY

  1. By using SchoolParentsPortal.com, School Entity agrees to maintain the confidentiality of your account and password, restrict access to your computer, and accept responsibility for all activities that occur under your account or password including activity of your users (enrolled families).
  2. School Entity may not assign or otherwise transfer its account to any other person or entity. School Entity acknowledges that SchoolParentsPortal.com is not responsible for third party access to your or your users account that results from theft or misappropriation of your or your users account. SchoolParentsPortal.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
  3. SchoolParentsPortal.com provides information security to our best knowledge, for example we require to change your and enrolled parents passwords every 3 months, or automatic logout when your computer idle to make sure no personal data exposed to 3rd party entities.

NOT DESIGNED FOR MINORS

SchoolParentsPortal.com is not designed to be used by the individuals under the age of thirteen. SchoolParentsPortal.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SchoolParentsPortal.com only with permission of a parent or guardian.

  1. Linked Sites are not under the control of SchoolParentsPortal.com and SchoolParentsPortal.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SchoolParentsPortal.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SchoolParentsPortal.com of the site or any association with its operators.
  2. Certain services made available via SchoolParentsPortal.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SchoolParentsPortal.com domain, you hereby acknowledge and consent that SchoolParentsPortal.com may share such information and data with any third party with whom SchoolParentsPortal.com has a contractual relationship to provide the requested product, service or functionality on behalf of SchoolParentsPortal.com users and customers.

INTERNATIONAL USERS

This Site is not designed to be used by international users. Only families that are enrolled in the learning process as well as school personnel within territory of the United States are intended to use this Site. This Site is controlled, operated and administered by SchoolParentsPortal.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SchoolParentsPortal.com Content accessed through SchoolParentsPortal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

DISCLAIMERS

THE SERVICE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL KONSTANKINO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF KONSTANKINO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF KONSTANKINO’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (I) $1.00 U.S. DOLLAR OR (II) ANY COMPENSATION YOU PAY TO KONSTANKINO FOR ACCESS TO OR USE OF THE SERVICES.

INDEMNIFICATION

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your SchoolParentsPortal.com account.

SUSPENSION AND TERMINATION

Konstankino may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Konstankino’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account by using other tools that we may make available via your member account or by contacting us at info@konstankino.com.

GOVERNING LAW; ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH KONSTANKINO AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KONSTANKINO.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Konstankino agree to consult and negotiate with each other and,recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association in Seattle, WA. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Konstankino are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Konstankino intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle,WA. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

GENERAL

Enforcement of these Terms is solely at Konstankino’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. Except as otherwise expressly stated elsewhere in these Terms, there will be no third party beneficiaries to these Terms. These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms without Konstankino’s prior written consent. Konstankino will be permitted to assign its rights under these Terms in its sole discretion. As used in these Terms, “including” means “including (without limitation).” The section headings in these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.

NOTICE TO CALIFORNIA USERS

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

CHANGES TO THE SERVICE

Konstankino reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Konstankino will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

FEEDBACK

Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

CONTACT INFORMATION

SchoolParentsPortal.com welcomes your questions or comments regarding the Terms. You may contact us via email at info@konstankino.com.