Flocabulary Terms of Use

Flocabulary® Terms of Use

You are currently viewing a page of the Flocabulary website or related website belonging to Renaissance Learning, Inc. or one of its subsidiaries (collectively, “Renaissance”, “we” or “us”). These terms of use are entered into by and between you and Renaissance. The following terms and conditions, together with any documents that are expressly incorporated by reference (collectively, the “Terms of Use”) govern your access to and use of the renaissance.com website and any related website, including any content, service, tool, or functionality offered thereon (collectively, the “Website”). By accessing this Website as a guest or a registered user, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you must not access this Website.

Modification of these terms of use

Renaissance reserves the right to revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when Renaissance posts them. You are responsible for reviewing these Terms of Use at the time you access the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Changes to the website

Renaissance may update the content on or service provided via this Website from time to time. You acknowledge that the content and services are not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material unless specifically provided.

Accessing the website and account security

Renaissance reserves the right to withdraw or amend this Website and any services provided on the Website, in its sole discretion without notice. Renaissance will not be liable if for any reason all or any part of the Website or service thereof is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website, including but not limited to through the use of any interactive features on the Website, is governed by Nearpod’s Privacy Notice and you consent to all actions Renaissance takes with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password or any other piece of information as part of Renaissance’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website using your username, password or other security information. You agree to notify Renaissance immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Renaissance reserves the right to disable any username, password or other identifier, whether chosen by you or provided by Renaissance, at any time if, in Renaissance’s opinion, you have violated any provision of these Terms of Use.

Links to third party sites

The Website may contain links to websites controlled or offered by third parties (non-affiliates of Renaissance). Renaissance disclaims liability for any information, materials, products or services posted or offered at any of the third-party sites linked from the Website. By creating a link to a third-party website Renaissance does not endorse or recommend any products or services offered or information contained at such linked website, nor is Renaissance liable for any failure of any products or services offered or advertised at such linked website. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked website. Any dealings with third parties (including advertisers) included within the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Renaissance shall not be responsible or liable for any part of any such dealings or promotions.

No unlawful or prohibited use

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Renaissance, a Renaissance employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or account names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Renaissance, may harm Renaissance or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User contributions

The Website may contain bulletin board services, message boards, chat rooms, personal web pages or profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Renaissance and its affiliates and service providers, and each of their licensees, successors and assigns the right to use, reproduce, modify, create derivative works, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Renaissance and Renaissance’s affiliates and service providers, and each of their licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Renaissance, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Renaissance is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and enforcement

Renaissance has no obligation to review any User Contribution and does not undertake to review material before it is posted on the Website. As such, Renaissance cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Notwithstanding the foregoing, Renaissance has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
  • Take any action with respect to any User Contribution that Renaissance deems necessary or appropriate in its sole discretion, including if Renaissance believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Renaissance has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Renaissance to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS RENAISSANCE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Products and tools

For your convenience, Renaissance may make available on the Website products, tools and utilities for use and/or download (the “Tools”). Renaissance does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Tools. The Tools are copyrighted works of Renaissance and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Tool is accompanied by an end user license agreement, your use of that Tool is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to install and use such Tool. If a Tool is not accompanied by a license agreement, Renaissance hereby grants to you a revocable, personal, non-transferable license to use such Tool in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Website or the Tools is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Tools, nor to export or re-export the Tools, directly or indirectly, to any countries that are subject to USA export restrictions. You may not use the Tools to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Tools in association with the sale of any service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the reasonable opinion of Renaissance, would reflect negatively upon the reputation of Renaissance, the Website or the Tools.

Liability disclaimer

THE WEBSITE, INCLUDING THE TOOLS AND ANY SERVICES PROVIDED THEREON, AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, RENAISSANCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR ITS SERVICES AND TOOLS; AND ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE WEBSITE OR ITS SERVICES AND TOOLS.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, RENAISSANCE: DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND DOES NOT WARRANT THAT THE WEBSITE OR ITS SERVICES AND TOOLS OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE USE OF THE WEBSITE OR ITS SERVICES AND TOOLS IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE WEBSITE OR ITS SERVICES AND TOOLS, OR DOWNLOADING ANY CONTENT THEREON, EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED. RENAISSANCE IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE WEBSITE OR ITS SERVICES AND TOOLS, OR ANY ERRORS OR OMISSIONS OF THE WEBSITE OR ITS SERVICES AND TOOLS; RENAISSANCE SHALL HAVE NO LIABILITY ARISING FROM DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE WEBSITE OR ITS SERVICES AND TOOLS; AND UNDER NO CIRCUMSTANCES SHALL RENAISSANCE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ITS SERVICES AND TOOLS, OR ANY CONTENT CONTAINED THEREON, EVEN IF RENAISSANCE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR ITS SERVICES AND TOOLS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND ITS SERVICES AND TOOLS.

Indemnity

You agree to indemnify and hold Renaissance, its parent, subsidiaries, affiliates, licensors, and service providers, and their directors, officers, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from any claim, liability, demand, damage, judgment, award, loss, costs, expense or fee, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, the Website.

Intellectual property rights/personal and non-commercial use limitation

The Website, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Renaissance, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, transmit, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Copyright infringement

If you believe that any User Contributions violate your copyright, please see the Copyright Policy for instructions on sending us a notice of copyright infringement.

Privacy Notice

All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Trademarks

All logos, designs, and brand names for Renaissance Learning’s products and services are trademarks of Renaissance Learning, Inc., and its subsidiaries, registered, common law, or pending registration in the United States and other countries. All other product and company names should be considered the property of their respective companies and organizations.

General

Your use of the Website, including any services or Tools offered thereon or in connection thereto shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Wisconsin. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Certain sections or pages of the Website may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You agree that your use of the Website will not create any joint venture, partnership, employment or agency relationship between you and Renaissance. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Waiver and severability

No waiver of by Renaissance of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Renaissance to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire agreement

The Terms of Use and all documents called out specifically therein constitute the sole and entire agreement between you and Renaissance with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.