ZEARN TERMS OF USE (“Terms of Use”)

Last Updated: May 2018


These Terms of Use govern your use of Zearn.org and the services we provide (collectively, “Services”), which are owned and operated by Zearn, Inc. (“Zearn”). By accessing or using our Services, any person who accesses or uses the Site (“you” or “your”) agrees to be bound by the following Terms of Use and by our Privacy Policy available at  www.zearn.org/privacy which is incorporated here by reference.

The Services are offered subject to your acceptance without modification of these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

We reserve the right, at our discretion, to change these terms in the future. When we do, we will notify you by updating the date of these Terms of Use and posting it on this page of our site. We will also notify you by email of any material changes to these Terms of Use. Your continued access or use of the Services following any changes to the Terms of Use constitutes your acceptance of those changes.

SERVICES
Zearn operates a web-based platform that delivers content and provides educators and administrators of educational institutions – as well as parents if they are the adults setting up accounts for their children to use at home -- with insight into their students’ performance. In order to access and use portions of the Services, you will be required to register for an account. Zearn also offers the option for schools and/or districts to purchase a Zearn School Account that includes, but is not limited to, administrative-level accounts, school or district-level reporting, dedicated support and roster set-up (“Zearn School Account”). If you register for a Zearn School Account to use the Services on behalf of your educational institution, you will be required to agree to additional terms and conditions as the authorized representative of such educational institution (the "Zearn School Account Agreement"). If you have registered for an individual account, and your school or district subsequently purchases a Zearn School Account covering your classroom, Zearn may deactivate your individual account and you may be required to log in using your School Account credentials.

RESTRICTIONS
In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly request or collect personally identifiable information from users under 13 years of age. Zearn collects personal information about students when it is provided by a parent or a school representative authorized to share the student’s information.

If you provide a child with access to the Services, you represent and warrant that you are the parent or legal guardian, or the educator or administrator of an educational institution and have obtained the necessary consents from the parent or legal guardian to provide such access.

INTELLECTUAL PROPERTY
We retain all right, title, and interest in and to the Services, which are protected by applicable intellectual property laws, including United States and foreign copyright and trademark laws. No portion of the Services, including the trademarks and service marks, may be used, displayed or reproduced without the prior written consent from Zearn.

ZEARN®, Z-SQUAD®, IMPOPPABLE®, ZEARN SQUAD®, TOWER OF POWER®, NUMBER GYM®, LEARNING LAB, MATH CHAT, FRACTION ACTION®, MULTIPLY MANIA®, ADDITION MAGICIAN®, ADDITION MAGICIAN RETURNS®, PAIR COMPARE®, MAKE AND BREAK®, NEXT STOP TOP®, MIX AND MATCH, TOTALLY TIMES®, BLAST, FORM TO FORM®, COUNTING TRAIN, HOP SKIP SPLASH!®, SUM SNACKS®, BUNDLE THE SEA®, DISCOVERY CANYON®, ZEARNPD® AND ZEARN 101® are trademarks and service marks owned by Zearn. You may not use, display or reproduce them without the prior written consent of Zearn. Further, you may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any content offered by, viewed on, or received through this site or through the services. All other trademarks identified and contained on this site or within the Services are the property of their respective owners and their use herein does not imply sponsorship or endorsement of their products or services.

Portions of Zearn Math are derivative of Eureka Math and licensed by Great Minds. ©2017 Great Minds, Inc. All rights reserved. 

Eureka Math was created by Great Minds in partnership with the New York State Education Department and also released as EngageNY.

Portions of Zearn Math are also licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (CC BY-NC-SA 4.0)  at  www.creativecommons.org/licenses/by-nc-sa/4.0/legalcode. ©2017 Great Minds, Inc. Some rights reserved.  www.greatminds.org/math. The original work has been modified.

PASSWORDS AND SECURITY
Some portions of the Services may be restricted to registered users or a subset of users, e.g. Zearn School Account holders. When you register for access to such restricted Services, you agree to submit and maintain accurate and complete information. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Services or request additional information from you. When registering for access to restricted portions of the Services, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding the Services.

USER-GENERATED CONTENT AND SUBMISSIONS
The Services may allow you to post messages, statements and comments, (collectively, “User-Generated Content”). All User-Generated Content you create, whether publicly posted or privately transmitted via the Services is your sole responsibility, and not the responsibility of Zearn or its directors, officers, employees or agents. Zearn reserves the right to remove User-Generated Content, in whole or in part, that in its sole discretion, violates these Terms of Use, the rights of any third parties, or that might be considered offensive or illegal. Neither Zearn nor its directors, officers, employees or agents will be held liable for any loss or damage caused by your reliance on User-Generated Content obtained through the Services.

Zearn does not solicit creative ideas or suggestions relating to products or marketing plans via the Services. If you do send such materials, including any concepts, know-how, notes, drawings or techniques, Zearn shall be free to use them for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products. Zearn shall not be liable to you or to any person claiming any commercial or non-commercial rights related to our use or disclosure of any submission.

LICENSES
When you post information in the Services, including User-Generated Content, you hereby grant us a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, distribute, display and incorporate the information in a deidentified format for any purpose and without acknowledgement to you. This does not grant us rights to your identifiable information. You represent and warrant that information you provide and use of that information by us and any of our users will not infringe on or violate the rights of any third party.

Zearn grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

USER REPRESENTATIONS
By using and/or registering for the Services, you represent that:

  • You are an adult, parent or legal guardian or you are a school or district employee authorized by your education institution to create an account for the Services;
  • You will use the Services in compliance with all applicable laws and regulations;
  • Your registration information is accurate;
  • You will keep your account credentials, including your user name and password, confidential and will be responsible for all use of your account. If you suspect any unauthorized use of your account, please contact us at privacy@zearn.org. ; and
  • If you create an account on behalf of any student, you represent that you are authorized to accept these Terms of Use on their behalf, and agree to be responsible for ensuring that those student users comply with these Terms of Use

In addition, you will not:

  • Infringe on our or any third party’s intellectual property or other proprietary personal or legal rights;
  • Obtain or attempt to obtain unauthorized access to our systems, materials or information;
  • Impersonate another user;
  • Upload, post or otherwise transmit User-Generated Content that contains personally identifying information (including, but not limited to actual names, phone numbers, mailing addresses or e-mail addresses), derogatory, harmful, abusive, defamatory or unlawful content, content that is invasive of another’s privacy or otherwise objectionable or commercial in nature;
  • Use the Services in any manner that could damage, disable, impair or overburden the Services;
  • Reproduce, rent, sell, modify, translate, decompile, disassemble, reverse engineer or create derivative works of the Services; or
  • Circumvent or disable any security or technological features or measures that protect the Services.

NO WARRANTIES
The Services are provided “as is”. Zearn makes no representations or warranties about the reliability, quality, suitability, availability, accuracy or completeness of the Services, and is not subject to liability for any delays or interruptions, viruses or other harmful components. You agree that your use of the Services is at your own risk. We reserve the right to modify, suspend or discontinue the Services at any time without notice. We further reserve the right, at any time without prior notice, to terminate your account and use of the Services and remove any User-Generated Content within the Services for lack of use or if Zearn believes that you have violated these Terms of Use. You agree that we shall not be liable to you or any third party for such actions.

LIMITATIONS OF LIABILITY
In no event shall Zearn or its affiliates, or any of their respective directors, officers, employees, agents, representatives and suppliers (or their respective successors and assigns) be liable to you or any third party in contract, tort (including negligence) or otherwise for any direct, indirect, consequential, special, incidental or putative damages, including, but not limited to, loss of use, service interruptions and loss of data, regardless of whether these parties had advance notice of the possibility of any such damages.

Zearn’s total liability to you for any claim arising out of or relating to the services shall not exceed $100. Some states do not allow the foregoing limitation of liability so they may not apply to you.

INDEMNITY
You agree to indemnify and hold Zearn and its directors, officers, employees and agents harmless from any loss, damage, liability or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use of the Services and/or arising from your breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with any reasonable requests to assist us in our defense of such matters.

RELEASE
In the event that you have a dispute with any user(s) of the Services, you release Zearn and its directors, officers, employees and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

LINKS
We may provide links to other Web sites or resources. These links are provided solely as a convenience to you and inclusion of such links does not represent an endorsement by Zearn. We are not responsible for the content of any linked websites or resources, and make no representations regarding the accuracy of such websites or resources.

COPYRIGHT INFRINGEMENT
Zearn respects the intellectual property rights of others, and requires that the people who use the Services do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the Services, you may notify us by providing our copyright agent with the following information in writing:

  1. Your name, postal address, telephone number and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located, with a link, if possible;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material; and
  6. A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:

Zearn CEO
PO Box 20, New York, NY 10116

GOVERNING LAW AND ARBITRATION
These Terms of Use are governed by the laws of the State of Delaware. Any controversy or claim arising out of or relating to these Terms of Use will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Delaware law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

Zearn controls and operates the Services from its offices in New York, NY, United States of America and makes no representation that these materials are appropriate or available for use in other locations including, but not limited to, outside the United States of America.

NOTICE
By using the Services, you consent to receiving electronic communications from Zearn providing notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

QUESTIONS
Please direct any questions regarding these Terms of Use to:
privacy@zearn.org


For California local educational agencies, pursuant to California Education Code Section 49073.1:

Definitions:

"Deidentified information" means information that cannot be used to identify an individual pupil.

"Pupil-generated content" means materials created by a pupil, including, but not limited to, essays, research reports, portfolios, creative writing, music or other audio files, photographs, and account information that enables ongoing ownership of pupil content. "Pupil-generated content" does not include pupil responses to a standardized assessment where pupil possession and control would jeopardize the validity and reliability of that assessment.

"Pupil records" means both of the following:

  1. Any information directly related to a pupil that is maintained by the local educational agency.
  2. Any information acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other local educational agency employee.

"Pupil records" does not mean any of the following:

  1. Deidentified information, including aggregated deidentified information, used by the third party to improve educational products, for adaptive learning purposes, and for customizing pupil learning.
  2. Deidentified information, including aggregated deidentified information, used to demonstrate the effectiveness of the operator's products in the marketing of those products.
  3. Deidentified information, including aggregated deidentified information, used for the development and improvement of educational sites, services, or applications.

  1. Zearn agrees and acknowledges that pupil records as defined in California Education Code Section 49073.1 are the property of and remain under the control of the local educational agency.
  2. Zearn does not include any features by which pupils may enter pupil-generated content.
  3. Zearn will never use any information from the pupil record for any purpose other than those required or specifically permitted by our Terms of Use or the Zearn School Account agreement, if applicable.
  4. A parent, legal guardian or eligible pupil age 18 and older may review personally identifiable information in the pupil’s record and correct erroneous information by contacting the school or district, which has the sole responsibility to access, amend and correct information through the classroom portal provided as part of Zearn.
  5. Zearn maintains commercially reasonable security standards to help safeguard pupil records. These include encryption of data in transit and at rest, use of two-factor authentication to access the system, regular software security updates and additional network and physical security measures. In addition, Zearn staff members undergo annual privacy and security training.
  6. In the event of an unauthorized disclosure of pupil records, Zearn will notify the school or district as required by law. In addition, Zearn shall provide the school or district with the name and contact information for a Zearn staff member who shall be available to assist the school or district in resolving obligations associated with any such incident.
  7. Upon receipt of written notice, or if applicable, upon completion of the term of a Zearn School Account Agreement and with written authorization from the school or district, Zearn will delete pupil records. Zearn will provide written certification of such deletion upon request.
  8. (A) In support of the school or district compliance with FERPA, the school or district appoints Zearn, and any third parties assisting Zearn in carrying out its responsibilities under the Terms of Use and, if applicable, Zearn School Account Agreement, as reasonably determined by Zearn, as a "school official" as that term is used in FERPA §§99.31(a)(1), and determines that Zearn, and any such third party, as appropriate, has a "legitimate educational interest," for the purpose of carrying out its responsibilities under the Terms of Use and Zearn School Account Agreement, if applicable. (B) Zearn acknowledges that it shall be bound by all relevant provisions of FERPA and agrees that personally identifiable information obtained from the school or district by Zearn in the performance of its responsibilities under the Terms of Use and Zearn School Account Agreement, if applicable, will not be disclosed to a third party unless that third party is assisting Zearn in carrying out its responsibilities. Data will be used only to fulfill Zearn's responsibilities under the Terms of Use and the School Account Agreement, if applicable.

Zearn acknowledges and agrees that personally identifiable information from pupil records shall not be used for the purpose of engaging in targeted advertising.

For Connecticut local or regional boards of education, pursuant to Connecticut Public Act 16-189:

“Student information,” “student records” and “student-generated content” have the same definitions as appear in CT Public Act 16-189.

  1. Student information, student records and student-generated content as defined in CT Public Act 16-189 are the property of and under the control of the school or district and not Zearn.
  2. The local or regional board of education may request the deletion of student information or student records in the possession of Zearn by sending a written request to Zearn. Zearn will delete the data as requested.
  3. Zearn shall not use the student information or student records for any purposes other than those authorized pursuant to the Terms of Use and, if applicable, the Zearn School Account Agreement.
  4. A student, parent or legal guardian of a student may review personally identifiable information contained in the student records and correct erroneous information, if any, in such student record by contacting the school or district, which may access and amend all such records via the classroom portal provided by Zearn.
  5. Zearn maintains commercially reasonable security standards to help safeguard your student information. These include encryption of the data in transit and at rest, use of two-factor authentication to access the system, regular software security updates and additional network and physical security measures. In addition, Zearn staff members undergo annual privacy and security training.
  6. In accordance with the provisions of Section 4 of CT Public Act 16-189, in the event of an unauthorized release, disclosure or acquisition of student information or student records, Zearn shall notify the local or regional board of education as soon as practicable, but no later than the period of time required in clauses (a) (1) or (2) of Section 4 of CT Public Act 16-189 (as applicable) after Zearn becomes aware of it.
  7. Upon completion of the contracted services, and with the written request from the school or district that student information be deleted, Zearn shall delete the data. If no such request is received, personally identifiable information from pupil records will be destroyed in accordance with the Zearn Privacy Policy. Zearn does not include any features that allow for submission of student-generated content.
  8. Zearn shall work with the local or regional board of education to ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.
  9. The laws of the state of Connecticut shall govern the rights and duties of the parties with respect to this section of the Terms.
  10. Should any provision of these Terms be held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the Terms which can be given effect without the invalid provisions or application.

For Colorado local or regional boards of education, pursuant to Colorado Revised Statute 22-16-101, et seq.:

“Student personally identifiable information,” “school service contract provider”, “contracting public education entity” and “local education provider” have the same definitions as appear in CRS 22-16-101 et seq.

  1. Zearn collects the following student personally identifiable information in order to provide its educational content and services to each student at the appropriate grade level and to facilitate reporting to teachers:
    • Student first and last name
    • If shared with us: Student middle name or initial
    • Student date of birth
    • Student grade
    • School name
    • District name
    • School Address
    • Student Information Systems ID
    • School MDR number
    • Teacher name
    • Teacher email
    • If shared with us: Teacher identification
    • Class name
    • If shared with us: Class identification
  2. Zearn will provide notice when making material changes to its privacy policy
  3. Zearn, through its classroom portal, shall facilitate access to and correction of any factually inaccurate student personally identifiable information by a contracting local education provider in response to a request for correction that the local education provider receives and responds to in accordance with section 22-16-112(1)(c).
  4. In accordance with the provisions of CRS 22-16-108, upon discovering the misuse or unauthorized release of student personally identifiable information held by Zearn, a subcontractor, or a subsequent subcontractor, Zearn shall notify the contracting public education entity as soon as possible, regardless of whether the misuse or unauthorized release is a result of a material breach of the terms of the contract
  5. Zearn’s use of data complies with CRS 22-106-109. Zearn shall not use the student personally identifiable information for any purposes other than those authorized pursuant to the Terms of Use and, if applicable, the Zearn School Account Agreement. Zearn does not share or use student personally identifiable information for purposes of targeted advertising to students or to create a personal profile of a student other than for supporting purposes authorized by the contracting public education entity.
  6. As required by CRS 22-106-110, Zearn maintains a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality and integrity of student personally identifiable information. It makes use of appropriate administrative, technological and physical safeguards. These include encryption of the data in transit and at rest, use of two-factor authentication to access the system, regular software security updates and additional network and physical security measures.
  7. During the term of a contract between Zearn and a public education entity, the contracting public education entity may request the destruction of a student’s student personally identifiable information that was collected, generated or inferred as a result of the contract. Zearn shall destroy the information as soon as practicable after the date of the written request unless provisions (a) or (b) of 22-16-110 applies.
  8. Upon the termination of or the conclusion of the contracted services, and with the written request from the public education entity that student information be deleted, Zearn shall delete the data. If no such request is received, student personally identifiable information from school records will be destroyed in accordance with the Zearn Privacy Policy. Upon written request, Zearn will notify the public education entity of the date upon which all of the student personally identifiable information is destroyed.

For New York educational agencies, pursuant to N.Y. Education Law § 2-d:

"Student data" has the same definition as appears in N.Y. Education Law § 2-d.

  1. Any Zearn employee who has access to student data or teacher or principal data has received or will receive training on the federal and state law governing confidentiality of such data prior to receiving access.
  2. Zearn shall maintain the confidentiality of the shared student data or teacher or admin data in accordance with federal and state law and the educational agency's policy on data security and privacy.

For Utah education entities, pursuant to Utah Code 53A-1-1409:

Zearn agrees that at the request of the Utah education entity that has contracted with Zearn, the education entity or the education entity's designee may conduct an audit to verify compliance with these Terms.