Spiral Terms of Service
The following are the terms of service (“Terms of Service”) that define the relationship between Discovery Education, Inc. (doing business as Spiral (“Company,” “Spiral,” “we,” or “us”)) and you, and govern your use of Spiral’s services.
We have done our best to write this policy in simple, clear terms. We’ve also added a summary for each section that provides short explanations of the legal language in plain English (it starts with ‘Basically...’) to aid in understanding, but it isn’t legally binding.
Last updated: 1st August 2018.
Agreeing to our Terms
By registering for an account on, or otherwise accessing or using the Spiral Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with Spiral, that agreement governs your use of the Service.
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service
By using or signing up for Spiral, you agree to these terms. Welcome to the Spiral community!
Using the Service
Permission to use Spiral
As long as you are complying with all of the terms and conditions of this Agreement, Spiral gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, non-commercial use.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also stop providing the Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Spiral Technology” and “Acceptable Use and Conduct” sections.
You can use Spiral, as long as you follow the rules in these terms.
Your Information and Content
You retain all ownership rights you have in any User Submissions. Spiral does not claim any ownership rights in the User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us.
The license in (i) above will terminate when you delete any User Submissions with intellectual property rights (like photos or videos) (“IP content”)), you or your Institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others, and they have not deleted it.
When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time (but will not be available to others).
Your Responsibilities and Spiral Rights
You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions. You are responsible for ensuring your User Submission complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of user (e.g., teacher, parent, or student). When you include User Submissions, you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. Spiral is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Spiral cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data, which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that Spiral and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice reports a User Submission infringes someone’s intellectual property rights.
Analyzing User Submissions
Our automated systems analyze your User Submissions to provide you personally relevant product features, such as sample activities, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. Spiral will not analyze any personal information contained in Educational Records for the purpose of providing behaviorally-targeted advertising to students or parents. The foregoing shall not be construed to to limit the ability of Spiral to use Educational Records for adaptive learning or customized student learning purposes.
We always appreciate your feedback or other suggestions about Spiral, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
Privacy and Security
Additional Terms by User Type
If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you.
(i) Invitation and Account Creation:
Only students who have been invited, or given access to the Service, by their teacher, school, district, or parent may use the Service. You may not access or use the Service unless you are invited or given access to the Service by (i) a teacher, school, or district who is authorized to give you access to the Service (including creating your student account on your behalf.
(ii) Information Provided to Spiral:
We request minimal personal information to be provided from students to use the Service. If you are under 13 years of age, and you want a student account on Spiral, you will need to either (1) have the student account created at school by your teacher (only after the teacher represents to Spiral that they have obtained any necessary parental consent).
Teachers will review any User Submissions you upload to the Service prior to them appearing in your Student Portfolio. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you use the Service or as directed by your teacher, school, or district, such as through the use of the Student Stories feature.
The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent may be obtained by a student’s teacher, school, or district if the teacher, school or district is setting up the student’s account or otherwise allowing students to access Spiral from school (“School Consent”). Any student account (or access to a student account) created for the student by the student’s teacher in class, or the student directly are linked together (these are not different accounts, but rather the same singular account). Children under the age of 13 are prohibited from using certain features of the Service without Consent, including, without limitation, student accounts. By using a student account on the Service, you promise that, if requested during your use of the Service, you provided your real age and that you are (a) over the age of 13; or (b) your parent (or you with the unique code given to you by your teacher) has set up your student account and that any response sent to Company in response to Company seeking your parent’s consent comes from your parent or legal guardian; or (c) your teacher, school, or district has set up your student account or is otherwise allowing you to use the Service.
Students: if you want to create a Spiral account, a teacher must set up your account. If you’re under 13, your parent must first give their permission.
We collect minimal information from students in order to create a Spiral student account to provide them with the Spiral service – usually at most a username and password. Teachers may also create the account on the student’s behalf.
b) Teachers and school leaders:
If you are a teacher, school leader, aide, or other similar personnel (“School Personnel”) accessing the Service on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:
(i) Permissions and Authority:
You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum. Only School Personnel who are current employees of the Institution may use the Service on the Institution's behalf. The School Personnel is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Personnel or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Spiral immediately at firstname.lastname@example.org.
(ii) Students under 13:
You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent and you understand that we will not let children under the age of 13 use certain features of the Service unless:
Spiral obtains Consent from the child’s parent or legal guardian if the parent is creating an account for the student on Spiral or the student has created their own student account using the unique code given to them by their teacher; or
You obtain School Consent in situations where you set up the child’s student account on their behalf. Spiral will not provide use of student accounts to children under the age of 13 if we are unable to obtain Consent or learn that you have not obtained School Consent. You agree that you will not knowingly create a child’s student account on their behalf until you have obtained School Consent.
(iii) School Consent:
You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that Spiral is not responsible) for 1) providing all required notices to parents under COPPA; 2) obtaining parental consent under COPPA; and 3) providing a means for a parent to review any personal information collected through the Service and refuse to permit its further use as required by COPPA. This includes without limitation, limiting access to the Service to those student users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating parental consent forms to the parents of potential student users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a parent user does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Spiral to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services. Under no circumstances will Spiral be liable for the School Personnel’s failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.
(v) Spiral Activities:
If you choose to use the Spiral Activities in your classroom, the following conditions and limitations apply:
Using the Spiral Activities, you may elect to allow students to directly contribute User Submissions to their Student Portfolio after you have set up their student account on their behalf. It is your responsibility to decide whether to set up the student account on the student’s behalf and to grant permission to such student to submit User Submissions. Spiral is not responsible for the selection of students given access to the Spiral Activities and Student Portfolio features in your classroom.
It is your responsibility to ensure that only the applicable students can access the class Joining Code. In addition, you agree that you will not knowingly create a Student Account on their behalf until you have obtained School Consent (if required) from the student’s parent or legal guardian. It is your responsibility to obtain School Consent.
All User Submissions submitted for display on the Service directly by you or by students via the Spiral Activities feature must be reviewed by you in accordance with, and are subject to, this Agreement, including those terms and conditions set forth in the “Acceptable Use and Conduct” and “Your Information and Content” Sections. You are solely responsible for reviewing all student User Submissions prior to these being posted on the Student’s Portfolio and are also solely responsible for all submitted content (including any personal information contained therein if not removed by you), and for ensuring that such submissions meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “ Your Information and Content” and the “Acceptable Use and Conduct” Sections.
Please be sure your school or district is fine with you using Spiral, and acting on behalf of your school in this Agreement. Additionally, if you are creating student accounts in the classroom for students under 13, you will be responsible for obtaining parental consent under COPPA and for reviewing any content submitted by your students.
Spiral understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act ("FERPA") and related regulations. Certain information that may be provided to Spiral by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information ("PII") from an eligible student’s education records to a third-party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).
As School Personnel or an Institution providing Directory Information or any Education Record to Spiral, you represent, warrant and covenant to Spiral, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or
(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Spiral; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Service.
It is important that School Personnel not provide information to Spiral from any student or parent that has opted out of the disclosure of Directory Information. Spiral depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of Directory Information or the School Official Exemption for any student information that will be shared with Spiral. Spiral is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school's own legal counsel for more information.
Spiral may use Directory Information and Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Spiral agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third-party unless that party agrees not to attempt re-identification.
The Service and the Spiral Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Spiral Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Spiral proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Spiral Marks. “Spiral Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Spiral.
Spiral Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Spiral Technology. You agree that, as between you and Spiral, all the intellectual property rights in the Spiral Service and Spiral Technology, which does not include User Submissions (as defined below), are owned by Spiral or its licensors. These terms do not grant you the right to use any Spiral Marks.
You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Spiral Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Spiral Technology. You will not access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.
You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
You may use the Spiral Apps for personal, education and non-commercial use only.
We respect copyrights, trademarks and brands. Please respect ours, too!
Spiral may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third-party social networks or network storage sites, such as with “Like” and “Share” buttons, features allowing you to register on Spiral through social networks or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google Classroom, or other similar features (collectively “Linked Accounts”). If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.
If someday you want to use third-party services through your Spiral account (e.g., Google Classroom), we’ll help you connect your account to those services so you can use them.
Third-party Applications and Integrations
If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces ("APIs") for your convenience, ("Third-Party Applications"), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Submissions, or any other data or content stored on the Spiral Service, to such Third-Party Applications, including through any Spiral API’s. Spiral shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Submissions, resulting from any such access by Third-Party Applications.
If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content ("Third-Party Application Created Content") to your account on Spiral, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music not already part of the Spiral Apps and as necessary to grant us the license set forth in “Your Information and Content” Section. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” Section and the Community Guidelines. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of Spiral with respect to such content contained in this Agreement, including, but not limited to the “Your Information and Content” Section. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Submissions or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Spiral regarding Third-Party Applications; and (iii) will comply with the Community Guidelines for all content you link to or integrate with the Service through the use of any Third-Party Applications.
YouTube Terms of Service can be found here.
Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
Spiral will not change how Education Records are used or shared under these Terms of Service without advance notice and consent from a School Official or Institution.
Your Representations and Warranty
You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA (the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Submissions and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for compliance with COPPA when obtaining School Consent.
You agree not to post content that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content.
Acceptable Use and Conduct
We do our best to keep Spiral safe, but we cannot guarantee it. We need your help to keep Spiral safe, which includes the following commitments by you when using our Service:
You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
You will not upload viruses or other malicious code, files or programs.
You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.
You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
You will not post or approve any User Submission or use the Service in a manner that infringes, violates or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.
You will not post or approve content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any users' content or information, or otherwise access the Service, - except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved."
You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Spiral.
You will not impersonate a Spiral employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Submission, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Spiral absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
You will not copy, modify, or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Submission, the prior written consent of such user.
You will comply at all times with the Community Guidelines.
You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.
Any violation of the above may be grounds for termination of your right to access or use the Service.
You agree not to misuse Spiral's services.
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Spiral are not regularly tested for compatibility with experimental features. To enable an experimental feature, turn the switch on within a teacher account’s Settings. Experimental features will be added and old ones removed, possibly (probably) without notice.
Spiral sometimes offers experimental features, which haven't been tested. These may be removed without notice.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, SPIRAL TECHNOLOGY OR SOFTWARE) ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SPIRAL TECHNOLOGY, SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPIRAL MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SPIRAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SPIRAL OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS OR AGENTS (“COMPANY PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SPIRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL SPIRAL OR THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Spiral is a teacher service and is provided “as-is.” We’re not liable to you for damages if something goes wrong.
Registration and Security
As a condition to using Service, you may be required to register with Spiral and select a password and username or provide additional contact information ("Company User ID"). You must provide Company with accurate, complete, and updated Company User ID information. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. You represent, warrant and covenant all registration information you submit is truthful and accurate. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Company User ID, password, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Spiral or another party due to someone else using your Company User ID, password.
You expressly agree to (a) immediately notify Spiral of any unauthorized use of your account or any other breach of security of your account or a child's personal information, and (b) ensure that you properly logout from your account at the end of each session.
You represent, warrant and covenant all registration information you submit is truthful and accurate.
You should keep your username and password secret!
You will indemnify, defend, and hold Spiral, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third-party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.
Spiral reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Spiral. Spiral will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If someone brings a claim against us related to your content or use of the Service, violation of another’s rights, or a breach of this Agreement, you promise to pay for the cost of legal expenses and any loss or damages we incur.
It is Spiral’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). For more information, please go to Spiral’s DMCA Notification Guidelines. Spiral may remove any allegedly infringing content without any liability to you. Spiral will promptly terminate without notice any User’s access to the Service where the User is a “repeat infringer” of copyrights. Spiral, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behaviour by that User.
We respect copyright. If you see any violations, please see our DMCA Notification Guidelines.
Third Parties and User Interactions
Content from other users and third parties, including, information about third-party products and services, is made available to you through the Service ("Third-Party Content"). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Spiral has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.
User Disputes. Spiral is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.
Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data.
We’re not responsible for any third-party content posted, or third-party websites or services linked from our service, or any disputes you may have with them, or other users of Spiral.
Pricing Terms and Conditions
If you decide to register for a Spiral Pro (paid) account, you will need to provide Spiral with your payment account information, you hereby agree to the following payment terms and conditions:
Spiral offers you the option of upgrading your Spiral Lite (free) account to get access to additional features for a fee. If you choose to upgrade, your account will be converted to a Spiral Pro Account and will not be subject to some of the restrictions placed on Spiral Lite Accounts as described at products page
Spiral accepts credit cards and will automatically charge your credit card before upgrading your account. If your Spiral fee is not paid within seven (7) days after Spiral provides you with notification that your account is in arrears, Spiral reserves the right to use our discretion to convert your Spiral Pro Account back to a Spiral Lite Account.
The fees for your Spiral Pro Account will be billed from the date you convert to a Spiral Pro Account and on each renewal thereafter unless and until you cancel your account. Spiral will automatically bill your credit card on the calendar day corresponding to the commencement of your Spiral Pro Account. All fees and charges are pre-paid and non-refundable, and there are no refunds or credits for partially used periods. If payment is not received from the credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information, and you agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
Term and Termination
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). You may terminate your use of the Service or your account at any time, and the cancellation will be effective immediately
Your Spiral Pro Account will continue in effect unless and until you cancel your Spiral Pro Account or we terminate it. You must cancel your Spiral Pro Account before it renews in order to avoid billing of the next period’s fees to your credit card. Should you elect to cancel your Spiral Pro Account, please note that you will not be issued a refund for any previous payments.
Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement, which by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You can cancel your subscription to our service at any time, and we will stop billing you for it from the start of the next billing period. You can also delete your account at any time. We can do that for you, too.
a) Generally: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action.
b) Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) This agreement shall be governed by and construed in accordance with the laws of the UK, without regard to any conflict of laws principles therein contained. Any arbitration between you and Company will be settled in accordance with the Arbitration Rules of the Arbitration Institute of the UK. The Arbitration Rules and forms are available by contacting Company.
d) No Class Actions: you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
It is our goal to quickly and efficiently resolve disputes that may arise. For that reason, we require disputes to be submitted to arbitration. Additionally, we each waive rights to bring class actions.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the UK without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the courts of the United Kingdom, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
For information about how to contact Company, please visit our contact page.
Please abide by these terms - we will!