These Legal Terms set forth the rules regarding your use of Swivl Recap™ that you may access on this site, Recap (collectively, the "site”) and Recap Discover (collectively, "Service" or "Discover"). The site and service is owned and controlled by Swivl and all our current and future subsidiaries, affiliates, successors and assigns, and may be operated with the assistance of third parties (collectively referred to as "Swivl”, "we", "us", or similar terms). Your use of the site constitutes your agreement to these Legal Terms. "You,” "your,” or "user” means the individual accessing this site.
The Recap site is intended for users in educational settings with terms and policies aimed to protect children and student records. The terms are separate and unique from other offerings including Swivl Cloud, and our website Swivl.com. When you click on a link from Swivl Recap to other Swivl owned websites, your use will be governed by the terms of that site and no longer be governed by the terms of this site. Please refer to the posted policies and terms of each site for more information.
The Discover service is in Beta. Terms will be updated after Beta. The service is intended for use in educational settings and non-educational settings. Its terms and policies are still aimed to protect children and student records, but it also allows users and content to be used outside this setting.
We may change these Legal Terms at any time, and by using the site you agree to the most current version and any and all future changes. We encourage you to visit this page periodically to review the Legal Terms.
Recap Site Terms
Site Content and Limits on Use. Unless otherwise noted, all site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are provided as part of the site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "site Content") is owned or licensed by us.
When you access, download, or print a copy of the site Content you must include all copyright, trademark, and other notices that appear within the site, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied site Content is transferred to you as a result of any such downloading or copying or any other use. If you are a copyright owner and you believe that your copyrighted materials have been used by us or any user of the site in a way that constitutes copyright infringement, please see our Digital Millennium Copyright Act Policy.
Additional License or Use Terms. Your use of some of the products or services offered on the site may require you to accept the terms of an end user license or other subscription terms. To the extent that those terms are inconsistent with the terms set forth in these Legal Terms, the more specific terms will apply.
User Comments, Feedback And Other Submissions. All comments, feedback, ideas, and other submissions related to Swivl Recap™ Site or our products, provided to us through the site or through any other method submitted or offered in connection with the site, such as by email, telephone, or by mail (collectively, the "comments") are and shall be and remain the sole and exclusive property of Swivl including all copyright or other intellectual property rights therein. Providing your comments to us constitutes an assignment to Swivl of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.
Rules for Accessing the Site; a) you will not knowingly provide or enter any false, misleading, or fraudulent information, b) you will not use the site for any illegal purpose, nor will you provide or enter any material or information in violation of any applicable law or regulation, c) All information, content, and comments provided or entered by you must be original to you, and not violate the copyright or other proprietary rights of any third party, d) All information, content, and comments provided or entered by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or entered by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive, e) you will not hold yourself out as someone you are not or otherwise impersonate any other person, f) you will not interfere or tamper with the functioning of the site, nor will you attempt to gain access to information or control of the site not specifically granted to you, g) You will not use the site to transmit any spyware, virus or similar destructive program or code, h) You will not compile any database or list of other site visitors, nor will you use the site to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically authorized in conjunction with our email marketing services. In no event will you send emails that would violate the CAN-SPAM act in any way, i) You will abide by any other rules for participation in any newsgroups, chat rooms, forums or similar features on the site. Without limiting this, you will not enter advertisements in newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums.
Site Access. We may discontinue all or part of the site at any time. We may block or limit your access to the site if: (a) you violate these Legal Terms; (b) you violate any applicable law or regulation relating to your use of the site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.
Links. The site may contain links to sites operated by other entities, or display information or site Content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other Internet sites linked to the site or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.
Site Warranty Disclaimer. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SWIVL EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE SITE OR ANY SITE CONTENT, ALTHOUGH WE MAY MODIFY THE SITE CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. SWIVL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SITE CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Limit of Liability. Swivl is not and will not be liable for any damages of any kind arising from the use of the site or from any information, site content, materials, products (including software) or services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Your sole remedy for dissatisfaction with the site, services, and all site content is to stop using the site and site content. In addition, if for any reason all or part of the foregoing limitations are deemed invalid, our maximum aggregate liability arising from or related to your use of the site shall be equal to the fees you have paid for its use. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of San Mateo County, California. You agree and submit to the jurisdiction and venue of such courts. You agree that in the event you have or may have any alleged claim against Swivl or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Legal Terms and that you are not eligible to receive, and shall not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site and/or your breach of these Legal Terms, including attorneys’ fees. These Legal Terms constitute the sole and entire agreement between you and Swivl with respect to the site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site. If any provision of these Legal Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Legal Terms does not waive our right to act with respect to subsequent or similar failures. You may have to register for the Swivl Recap™ by providing Swivl with information as prompted by a registration form, including a password. You will protect your password and other account information. You will protect any Class Pins or Join Pins associated with your account. You are solely responsible for any and all activities that occur under your account. You will notify Swivl immediately upon learning of any unauthorized use of your account or any other breach of security. We may access your account to maintain or improve the Site, including providing you with assistance related to technical or billing issues. We have the right to disable your account, in our sole discretion, if you have violated these Legal Terms.
Digital Millennium Copyright Act Policy. Our policy is to expeditiously respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA”). This Digital Millennium Copyright Act Policy describes the information that should be present in a notice of alleged copyright infringement, the text of which can be found at the U.S. Copyright Office, www.copyright.gov. Our response to a proper notice of copyright infringement may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the content owner’s access to the site. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the material so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.
Infringement Notification. To file a notice of infringement with Swivl, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). To expedite our ability to process your request, please use the following format, a) identify with sufficient detail the copyrighted work that you believe has to been infringed, b) identify the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us and the owner or administrator of the user content to locate the material, c) provide information reasonably sufficient to permit us to contact you, d) include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law", e) include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed", f) Sign the document, and b) Send the written communication to our Designated Agent at:
Swivl 1450 El Camino Real, Menlo Park, CA 94025 Fax: 650 362 1995
Attn: Vlad Tetelbaum DMCA Complaints
Counter Notification. The owner or administrator of the allegedly infringing material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format, a) identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, b) Provide your name, address, and telephone number, c) Include the following statement: "I consent to the jurisdiction of Federal District Court for the State of Minnesota", d) include the following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled", e) sign the document, and f) send the written communication to our Designated Agent at:
Swivl 1450 El Camino Real, Menlo Park, CA 94025 Fax: 650 362 1995
Attn: Vlad Tetelbaum DMCA Complaints
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Recap Discover Beta Terms
The terms below are to be considered as superseding the Recap Site Terms (where conflicting) and be for RECAP DISCOVER only. Other terms mentioned in Recap Termss apply to RECAP DISCOVER as well.
Description of Service. RECAP DISCOVER is a web-based service available from the domain app.letsrecap.com/discover (later, discover.letsrecap.com). This service provides educators with an online marketplace to post, buy, and sell specific educational materials directly from and to each other, which will consist of original digital materials created by the seller (“Journeys”). SWIVL at no time owns or sells any product for or on behalf of teachers. Teachers who sell Journeys via the Service are referenced herein and in the Service as “Teacher-Sellers.” Teachers who purchase Journeys via the Service are referenced herein and in the Service as “Teacher-Buyers.”
This Agreement governs your access to and use of the Service, whether in the capacity of a Teacher-Seller or Teacher-Buyer, including the finding, buying, posting, selling, and sharing of Journeys, and participating in online forums, comments, feedback, voting shall also be considered part of the “Service.” Portions of the RECAP DISCOVER are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Teacher-Sellers and/or Teacher-Buyers (collectively, “Members”). By registering with RECAP DISCOVER or by using the Service in any manner – including, but not limited to, by visiting the website – you acknowledge and agree to the terms stated in this Agreement.
The Service is in Beta stage until mid-summer 2017 (“Beta Period”). That means that some features and capabilities are limited, subject to change, and are under review.
2. The Service Is For Adults Only. The Service is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use the Service.
3. Fees, Services, Pricing, and Payments. After the Beta Period, the Service will have a defined fee, pricing, and payment structure for the Teacher-Sellers and Teacher-Buyers. Teacher-Sellers will be able to offer their Journeys to Teacher-Buyers for a one time fee. During Beta Period, all Journeys will be free to use by Teacher-Buyers, no additional fees or payments will be made, except as outlined in this section. After the Beta Period is completed, Teacher-Sellers will be able to convert any or all of the Journeys during Beta Period to paid Journeys. During the Beta Period, to encourage creation of new Journeys, SWIVL is going to pay all participating Teacher-Sellers for creation of quality Journeys. SWIVL will pay $5/Journey for up to 5 Journeys created during Beta Period. If more than 5 Journeys are created, only 5 will be paid for (maximum $25). For some Teacher-Sellers, SWIVL reserves the right to offer additional incentives for creation of additional Journeys. SWIVL will communicate explicitly with these Teacher-Sellers and it will not be applicable to all.
During and after the Beta Period, SWIVL will review all created Journeys and remove/ban/exclude any Journeys that violate Member Conduct (see section below). Teacher-Sellers will not be paid on any Journeys that will be removed due to a violation of Member Conduct.
Within 30 days after Beta Period, SWIVL will ask each participating Teacher-Seller to indicate how they would like to get paid for the Journeys created during the Beta Period. Teacher-Sellers will be able to either provide Paypal account information for a payment or use accumulated proceeds for payment in the future RECAP DISCOVER marketplace (i.e. participate as Teacher-Buyer).
4. License Grants.
A. License Grants by Sellers to SWIVL. When you (Teacher-Seller) submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant SWIVL a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Journeys available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR JOURNEYS FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH JOURNEYS, HOWEVER SWIVL’S LICENSE TO MAKE JOURNEYS YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.
B. Teacher-Seller Representations and Warranties; Licenses to Other Users. When you (Teacher-Seller) submit or upload content (including without limitation Journeys) on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You (Teacher-Seller) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such you control the copyright licenses granted to a Teacher-Buyer and it is your responsibility to give notice to Teacher-Buyers of the terms under which you offer your Journeys to such Teacher-Buyers. Nothing in the Service or in these Terms limits the existing rights of Teacher-Buyers under the Copyright Act, including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.).
5. Member Conduct. As a condition of using the Service, Members agree to all of the following:
- You must be a registered Recap Teacher Member to post Journeys through the Service.
Further, while using the Service, Members agree not to:
- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available to Members any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
- sell or offer for sale stolen materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials);
- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or
6. Inappropriate User-Submitted Content. SWIVL prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) SWIVL is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, SWIVL has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in SWIVL’ sole discretion.
7. Links to Other Sites and Resources. The Service contains links to other websites or resources. SWIVL has no control over such external sites and resources. You agree that (i) SWIVL is not responsible for the availability or accuracy of such external sites and resources, and (ii) SWIVL does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.