Legal

Legal:

BY CREATING AN “ANIMOTO FOR EDUCATION” ACCOUNT OR OTHERWISE USING ANIMOTO'S WEBSITE OR ANIMOTO’S VIDEO CREATION SERVICES (THE "ANIMOTO SERVICES") THROUGH THE ANIMOTO FOR EDUCATION PROGRAM, YOU AGREE TO BE BOUND BY THIS ANIMOTO FOR EDUCATION TERMS OF SERVICE AGREEMENT (THE "AGREEMENT"). Animoto's website consists of its site located at the URL http://animoto.com, as well as its application, widget, and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform, Google OpenSocial and iPhone App Store). Collectively herein, the Animoto Services and the Animoto website and applications will be referred to as the "Site".

Animoto for Education is only licensed for use by teachers, professors, or other educators and by their students under the educator's direct supervision in accordance with this the terms of this Agreement. If you are not a teacher, professor, or educator, you may not use the Animoto for Education product.

You are agreeing to this Agreement on behalf of yourself and your employer (i.e., school, college, university, or other educational institution) ("School"). You hereby represent and warrant that you have the necessary authority to bind your School to the terms contained herein. If you do not believe you have such authority, then you may not agree to this Agreement, nor use or permit others to use the Animoto for Education product.

The Site and the Animoto Services are not intended for use by children under 13, and Animoto does not knowingly collect any personally identifiable information ("PII") from children under the age of 13. You understand and agree that you may allow children under 13 to use student accounts you set up under your Animoto for Education account and create videos ("Animoto Videos") only if such use is in a classroom setting under your direct supervision at all times, you do not permit them to provide any PII, and you fully comply in all respects with the other terms and obligations set forth in this Agreement. You may not allow children under 13 to use the Site or the Animoto Services except as expressly provided in this Agreement. PII means any means information that specifically identifies an individual (such as a first and last name, address, telephone number, mobile number, e-mail address), or information about that individual that is directly linked to personally identifiable information.

If you are provided with the ability to create student accounts, you and your School agree:

  1. all student accounts will be created by you on the student's account and not by the students directly.
  2. in creating the student accounts, you will not provide Animoto any PII about the student. For example, you will not use both the student’s first and last name.
  3. you will closely supervise all use of the student accounts, and you will ensure that students will not provide to Animoto, include in any Animoto Video or otherwise disclose to any third party, any PII in using the Site or the Animoto Services.
  4. you will ensure that students do not modify the information provided in their registration profile to include any PII.
  5. you and the School are responsible for ensuring that all of your students have read and agree to, and that all use of the Site and the Animoto Services by your students fully complies with, the Animoto General Terms of Service as set forth below.
  6. you and the School have obtained all necessary consents and agreements (including from both the student and the student’s parent) to (i) allow the student’s use of the Site and the Animoto Services and any information, photographs, video, or other content used in connection therewith and in creating Animoto Videos; and (ii) bind the students to the Terms of Service.
  7. you and the School have obtained all necessary consents and agreements (including from both the student and the student’s parent) to (i) allow the student’s use of the Site and the Animoto Services and any information, photographs, video, or other content used in connection therewith and in creating Animoto Videos; and (ii) bind the students to the Terms of Service.
  8. you and your School are ultimately responsible for all content and activity on your account and your students’ accounts and for assuring that such content and activities and all Animoto Videos created are in full compliance with all applicable laws, rules and regulations and do not violate any third party rights.
  9. you and your School are also responsible for assuring that all use of the Site and the Animoto Services by your students are in full compliance with all applicable privacy and educational law, rules and regulations, including the Children's Online Privacy Protection Act ("COPPA") and the Family Educational Rights and Privacy Act ("FERPA").
  10. in supervising the students, you will ensure the  students will not publicly display, distribute or otherwise share the videos, e.g. through social networking or other public web pages.

You and the School agree to defend, indemnify and hold Animoto harmless from and against all claims, liabilities, actions, damages, losses and costs (including reasonable attorneys' fees) that arises from any breach or alleged breach of any of the forgoing obligations, including without limitation from any claims that the use of the Site and the Animoto Services by your students violates COPPA or FERPA.

Animoto’s General Terms of Service:

By accessing or using the Site and the Animoto Services, you agree to comply with all of the terms and conditions set forth in Animoto’s general terms of service, which can be found at: http://animoto.com/legal/terms.