Revised October 2013
Welcome to Tikatok.com (the "Site").
The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively herein the "User Agreement") identify what you, as a user of the Site ("you" or "user") can expect from Pearson Education, Inc. (“Pearson” or “we”), who is the operator of the Tikatok Site ("Tikatok"), and what Pearson in turn expects from users. By visiting any area on the Site, creating an account, or creating a story or book (all of the foregoing are sometimes referred to in this document as the "Tikatok Services"), a user is deemed to have accepted the User Agreement. If you do not agree to be bound by this User Agreement and to follow all applicable laws, you should leave the Site immediately.
Authorized teachers may create a subscription account on the Site, for use of the Tikatok platform by his/her classroom and associated students. Each subscription will last for the applicable subscription period starting from the date of registration on the Site. Once a teacher registers on the Site, the teacher will be provided passwords and IDs for use by the teacher’s students to engage in the custom book functionality of the Site. You have the right to cancel your account at any time. If a teacher subscription lapses, the associated teacher account and data will remain in Tikatok should a teacher decide to renew for up to six (6) months from the expiration date. After six (6) months, the teacher account and data will be deleted. However, associated student accounts and data will be deleted immediately when a subscription lapses and all associated student roster information and student books that have been created as part of those accounts will be deleted.
Students or other individuals under the age of 18 ("Minors") are not allowed to create an account on the Site. Neither the Site nor Pearson knowingly collects or solicits personal information from Minors or knowingly allows Minors to register for an online account or provide personal information on the Site. Should we learn that a Minor has created an account on the Site, that Minor's account and any content they may have created will be removed.
Please note that Pearson will not ask a Minor to provide any personal information. At the same time, because the Site will allow students to create a book under the account created by his/her teacher, it is possible that a Minor might inadvertently disclose personal information (e.g., their name, their address, or their telephone number) in the content of that book. Although Pearson may take steps to monitor the content of books authored by Minors to identify personal information, and may take steps to remove any information that is identified, it is possible that Pearson may not identify or remove the information that a Minor inadvertently submits.
Pearson may issue a warning, temporarily suspend, indefinitely suspend or terminate any user's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Pearson's sole discretion, including without limitation violation of this User Agreement, Pearson's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Pearson or another user.
In certain cases, in Pearson's sole discretion, Pearson may provide written notice (a "Restriction Notice") to a user (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right to use, access or create any account thereon; (ii) that Pearson refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
All materials provided by Pearson and contained on the Site, including, without limitation, Software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, text templates, graphic templates, layout templates, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress, patents and other intellectual property rights therein, are the property of Pearson (collectively the " Materials"), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark, patent and other intellectual property laws. For purposes of this User Agreement, the use of any Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, personal, revocable, non-exclusive, non-transferable license to display the Materials for non-commercial purposes only on your own computer for the limited purpose of engaging the custom book functionality of the Site.
If you download any available software or other materials from the Site, the software or materials, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you for your personal, non-commercial home use pursuant to a limited, personal, revocable, non-exclusive, non-transferable license. Tikatok retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Certain areas of the Site may permit you to send materials to Pearson such as stories and drawings. All worldwide right, title and interest in and to any such original creations, ideas, concepts, notes, drafts, stories, artwork, drawings, testimonials, photographs or other information of any nature (collectively, the "Submissions"), submitted by a user to the Site shall, as between Pearson and the submitting user, be deemed to belong to, and shall remain with the submitting user. Without limiting the foregoing, by sending in any Submissions, the submitting user grants, or represents and warrants that the owner or authorized licensor of such Submissions has expressly granted Pearson, a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the Submissions in whole or in part and/or to incorporate such Submissions in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. For purposes of clarity, nothing contained in this Section V shall be construed as conveying or assigning any right, title or interest in or to any of the Materials to a user, as such rights are retained by Pearson.
The Site is provided by Pearson and is intended to be used in a creative, cooperative and safe manner by all users of the Site.
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms or violates the rights of Pearson or any other person or entity.
Users of the Site must not:
Pearson expressly reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting or other Submissions to the Site by you, or to deny, restrict, suspend, or terminate access to all or any part of your account at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Notwithstanding the foregoing, you are fully responsible for all items you make and all materials you upload to the Site. Pearson assumes no responsibility for editing books that have been ordered, ongoing monitoring of the Site or for removal or editing of any Submissions to the Site. Pearson assumes no liability for any action or inaction with respect to conduct on Submissions to the Site.
User agrees to indemnify and hold Pearson, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such user's use of the Site, the Tikatok Services, breach of the User Agreement or user's (or user's Submissions') violation of any law or the rights of a third party.
Every user that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such user's computer; and (iii) keeping the e-mail address associated with that account current (user acknowledges that it is important to keep the e-mail address associated with his or her account current).
User accepts full responsibility for all activities that occur within such user's Site account.
User consents to receive electronic communications from Pearson addressed to the e-mail address associated with such user's Site account. User acknowledges and agrees that any communication via e-mail or by postings on the Site satisfies any legal requirement that such communications be made in writing.
Pearson is not responsible for and makes no warranties, express or implied, as to any Materials, Submissions, or content appearing on or accessed through the Site, or the accuracy or reliability of the Materials or the Submissions, posted on the Site or through the Services, whether caused by users of the Site or the Services or by any of the equipment or programming associated with or utilized in the Site or the Services. The Submissions on the Site does not necessarily reflect the opinions or policies of Pearson. The Site may contain links to other websites. Pearson is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Pearson. Inclusion of any linked website on the Site does not imply approval or endorsement of such website by Pearson. When you access these third party sites, you do so at your own risk. Pearson is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Pearson assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Pearson is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall Pearson be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Materials or the Submissions posted on or through the Services, or from the conduct of any users of the Site or Services, whether online or offline.
The Site is provided by Pearson on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, Pearson disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, Pearson makes no representation or warranty of any kind, express or implied: (i) as to the operation of the Site, or the information, content on the Site, including any Materials or the Submissions, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content on the Site, including any Materials or the Submissions, or merchandise provided through the Site; or (iv) that the Site, its servers, or e-mails sent from or on behalf of Pearson are free of viruses, scripts, trojan horses, worms or other harmful components.
Pearson does not guarantee the continuous, uninterrupted or secure access to the Site or any related services. The operation of the may be interfered with by numerous factors outside the control of Pearson.
Under no circumstances shall Pearson be liable for any damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Pearson 's records, programs, Materials or Services. User hereby acknowledges that this paragraph shall apply to all content on the Site, including any stories or books, merchandise, and services available through the Site.
Pearson shall not be liable for any indirect, incidental, special or consequential damages arising from the use of the Site, even if such party has been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.
TO THE FULLEST EXTENT PERMITTED BY LAW, PEARSON SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE TIKATOK.COM SITE OR ANY OF THE MATERIALS OR FUNCTIONS AT THE SITE, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF YOUR ACCOUNT.
The laws of the State of New York will govern this User Agreement, without giving effect to any principles of conflicts of laws.
Each user agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.
If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C.:§ 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
To be effective, the Notice must include the following:
The User Agreement, including all documents referenced herein, represents the entire understanding between user and Pearson regarding user's relationship with Pearson and supersedes any prior statements or representations. Headings used in the User Agreement are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."
We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. If you do not agree with the amended User Agreement, you always maintain your right to delete your account, along with all associated accounts and books that may have been created as part of your account.