CueThink, Inc. Terms of Use

(Updated on June 1, 2014)

Welcome to the CueThink mobile device application and website.  CueThink (“CueThink,” “we,” “our” or “us”) operates the CueThink website http://www.cuethink.com, mobile application, and any sites or media that redirect to the CueThink website or subdomain (collectively, the “Service”) subject to the following Terms of Use (“Terms”).  Every time users (“users,” “you” or “your”) visit, use features, or shop through the Service, you agree to be bound by these Terms and by our Community Guidelines, incorporated herein by reference.  These Terms outline your rights, obligations and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately.  CueThink may modify the Terms from time to time and each modification will be effective when it is posted on the Service. You agree to be bound to any changes to the Terms through your continued use of the Service.

In addition to these Terms, we have adopted the CueThink Privacy Policy (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.

The Service is a content and collaboration platform for students to solve mathematical problems.  It enables individual student users to view questions posted by a teacher or administrator user, respond to them in a structured format with text or use a whiteboard to draw, type, or import images from a local source, record their voice, and create a video of their voice and their whiteboard actions in response to the question (collectively, a “thinklet”), then share their thinklet with other approved users such as their teacher, a defined subgroup of peers, their class, or the entire CueThink community.

User Eligibility

CueThink is a platform for primary, elementary and high school aged students and their educators.  Accordingly, we are subject to the Children’s Online Privacy and Protection Act (“COPPA”), which among other things requires that we obtain verifiable parental consent before we collect personally identifiable information online from children who are under 13.  Therefore, we only collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at Cuethink@support.com.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy and sample permission slips. You must keep all consents on file and provide them to us if we request them. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

Creating an Account and Contributing Content

All users must create an account (your “Account”) to access the Service.  To create an Account, student users must first receive a unique invitation code provided by teacher or administrator users.  From your Account, you can access information posted by your teacher, students and peer group, as applicable, and share your work product, which may include text or whiteboard images, artwork and graphics, videos, photographs, audio clips, comments, or other material and information, and associated trademarks and copyrightable works (such data, information and content, “Content”).  You may also use your Account to view Content created by CueThink or by other CueThink users in your approved community (“User Generated Content”).   Teacher and administrator users may use their Account to log into a “Teacher Dashboard” where they can view student work and change student user settings.  Teachers also have the option to upload and share certain approved Content to a CueThink “Problem Bank,” the contents of which are available to the entire CueThink community.  Please refer to our Privacy Policy for information about how we protect your Account and Content.

CueThink does not warrant that product or service descriptions or other User Generated Content of this Service is accurate, complete, reliable, current, or error-free.   If you are dissatisfied with the Service, please provide feedback through the provided feedback mechanisms. Your only other remedy (and CueThink’s sole liability) with respect to any dissatisfaction with the Service, these Terms or the Privacy Policy is to cease using CueThink and terminate your Account.

Your Account

As noted above, student users must obtain a unique invitation code from a teacher or administrator prior to creating an Account.  To create an Account, all users must provide a valid name. Teachers and administrators will also be required to provide a valid email address and school name.  Students have the option to provide a valid email address, and all users will also have the option to provide additional profile information, such as a photograph.

You are responsible for ensuring that any personal information you provide is accurate and up to date.  CueThink reserves the right to verify the accuracy of the information you provide at any time.  You are responsible for creating a username and a secure password and protecting your Account from unauthorized access.  You agree to notify CueThink immediately if you believe your username, password or other identifying information has been lost, stolen or otherwise compromised.  You will be held responsible for any activity that occurs under your Account.  You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

You will not impersonate, abuse, harass, threaten, stalk or intimidate other people from your Account.  See CueThink’s Community Guidelines for more information.

Contributing Content

By contributing Content to CueThink, you acknowledge and agree to the following terms and our Privacy Policy. You should only contribute Content if you are comfortable with these terms:

  • Your Content will be visible only to those users (whether teachers, administrators, students, or classroom groups or sub-groups) approved by you. Any Content you share with the CueThink Problem Bank is available for use by the entire CueThink community.

  • Content that is offensive, indecent, objectionable, or otherwise inappropriate may be flagged and removed without notice.

  • All content posted on the Service must comply with all applicable laws (including, without limitation, U.S. copyright law). You represent and warrant that (i) you own or otherwise possess all rights to use your Content; (ii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) you are authorized to grant all of the rights described in these Terms; and (iv) the use of your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability.

  • You will be held solely responsible and liable for your Content and conduct on the CueThink Service.  CueThink will not be responsible or liable for any use of your Content by CueThink in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.  

  • Your Content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason.  You are responsible for retaining original copies of Content you upload from a local source.

Your Content always belongs to you.  You retain copyright and any other rights you already hold in your Content, but by uploading, posting, contributing, or otherwise providing your Content to CueThink, you grant CueThink a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the Service and CueThink’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) or the Service in any media formats, and through any media channels (including, without limitation, third party services).  For clarity, the foregoing license grant does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.  We will encourage any third parties to whom we sublicense your Content to attribute you, in addition to CueThink, but you acknowledge that this may not always be possible depending on the context.  

Additionally, by distributing or disseminating your Content in the Problem Bank and otherwise on the Service you hereby grant to each user to whom you have authorized access to your Content a non-exclusive license to use your Content under the terms indicated by you when you uploaded or created such Content, which shall at least include a limited, non-exclusive, personal license to view, download, and alter such Content in the manner contemplated by these Terms and the Service.

Be sure to review our Privacy Policy to better understand how your public and private information is used and protected.  

Removal of Your Account and Your Content

You may disable your Account at any time via the CueThink website.  Disabling your Account anonymizes your Content, and we will use commercially reasonable efforts to stop displaying your Content throughout the Service. However, because other CueThink users may have acted on your Content, you may not always be able to remove or edit your Content once you’ve contributed it to CueThink and accordingly we cannot guarantee complete removal.

We reserve the right to monitor and review your Account, your Content and your activity for compliance with these Terms, and may remove or disable your Account or Content for any reason, including, but not limited to, violation of Terms, alleged infringement or verbal, physical, written or other abuse of a CueThink user, employee, member or officer. We will do our best to communicate with you via your Account email address prior to removal of your Account or your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email.  

We cannot guarantee access to your Account or your Content.  We have no obligation to retain or provide you with copies of your Content. We reserve the right to reclaim any username created by a CueThink user on behalf of businesses or individuals that hold legal claim or trademark on that username.  We also reserve the right to reclaim any username created by a CueThink user that has been inactive for 6 months or more. Your Account may be permanently disabled due to prolonged inactivity.

 

Fees, Guidelines, Rights and Remedies

Subscription Fees

Creating an Account with CueThink is free.  However, we reserve the right to charge a subscription fee to teachers or administrators to create Content through the Service. Should you subscribe to the Service, you shall pay all applicable fees and any related taxes in connection with such features.

We will use a third-party payment processor (the “Payment Processor”) to bill you through an online account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor.

You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.

Permitted Use of the Service

The Service is available to its users for personal, non-commercial use only. Users may not modify the Service, or any portion of it, except with express written consent of CueThink.  You agree that you will not use or attempt to use this Service for any purpose other than as described herein and in our Community Guidelines incorporated herein by reference.  CueThink reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.

Intellectual Property Rights

We and our licensors own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CueThink, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CueThink without express written consent. You may not use any meta tags or any other "hidden text" utilizing CueThink's name or trademarks without the express written consent of CueThink. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service.  Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of CueThink or third parties, and any unauthorized use terminates the permission to use the Service granted by CueThink.

All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CueThink or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CueThink and protected by U.S. and international copyright laws. All software used on this site is the property of CueThink or its software suppliers and protected by United States and international copyright laws.  

The marks appearing on this Service, including but not limited to CueThink and any respective logos, emblems, slogans and designs, are trademarks of CueThink. All other marks used on this Service are the property of their respective owners.

 

Notice and Take Down Procedures

1. Notice of Claims

If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact CueThink’s copyright agent (identified below) and provide the following information:

  • A clear statement identifying the works, or other materials believed to be infringed.

  • A statement from the copyright holder or authorized representative that the content is believed to be infringing.

  • Sufficient information about the location of the allegedly infringing content so that CueThink can find and verify its existence.

  • Your name, telephone number and email address.

  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may be invalid.

2. Counter-Notice.

  • If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the state or federal courts of The Commonwealth of Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  • If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

CueThink’ agent for notice of copyright issues on the Service can be reached as follows:

CueThink, Inc.

8 Furbish Pond Lane,

North Reading, MA 01864

Attn: Copyright Agent

If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.

 

General Information

Linking to Third Party Websites

For your convenience, the Service may provide links to third-party websites, including our Payment Processor. Unless expressly stated otherwise, CueThink does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that CueThink will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.

Indemnification

You agree to indemnify and hold CueThink, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your Content, Account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.

 

Disclaimer & Limitation of Liability

THE SERVICE IS PROVIDED BY CUETHINK ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUETHINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF USER OR OTHER CONTENT ON THE SERVICE, OR THE INFORMATION, USER OR OTHER CONTENT, OR PRODUCTS INCLUDED ON THE SERVICE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. CUETHINK DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL CUETHINK BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CUETHINK TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).

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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): CUETHINK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE.

While we strive to protect your information in accordance with our Privacy Policy, CueThink can not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CueThink’ equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.

Termination

CueThink may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason, including without limitation, your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the services provided by CueThink, your sole remedy is to terminate your use of the Service.

Jurisdiction & Severability

CueThink operates the Service from its offices within the United States. CueThink makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with CueThink’s prior written consent. CueThink may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises.  In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and CueThink concerning your use of the Service.

How To Contact Us

Should you have any questions or complaints regarding violations of these Terms, please contact us at Cuethink@support.com.

 

Last Updated: June 30, 2014