The following are the terms of service (“Terms of Service”) that define the relationship between MangaChat, Inc. (doing business as MangaChat (“Company,” “MangaChat,” “we,” or “us”)) and you, and govern your use of MangaChat’s services.
Please note that these terms contain a dispute resolution and binding arbitration provision section, including a class action waiver that affects your rights under these terms and with respect to disputes you may have with the services.
Thank you for your interest in MangaChat, which owns and operates the services offered on MangaChat.co (“MangaChat Website”), including the MangaChat platform (“MangaChat Platform”), and any associated mobile applications (“MangaChat Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).
These Terms of Service contain general terms that apply to you as a user of the MangaChat Service ("User"), along with additional terms that may apply to you as a User registered as a teacher, school leader, aide, or other similar personnel ("School Personnel"), or a parent. If you are School Personnel, you will also be subject to our Student Data Protection Addendum (“DPA”). If you are purchasing any premium features like MangaChat (“Premium Features”) through the MangaChat Service or partake in any sweepstakes, giveaways, or promotions we may offer you will be subject to the MangaChat Premium Features and Promotions Terms. The DPA and the Premium Features and Promotions Terms (collectively "Terms") are hereby incorporated by reference.
When using the Service, you will also be subject to the MangaChat Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Service, which may be posted from time to time (collectively the “Guidelines”). These Terms of Service, Terms, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and is a legal contract between you and MangaChat. If there is any inconsistency between the Terms of Service, Terms, and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. By registering for an account on, or otherwise accessing or using the MangaChat Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with MangaChat, that agreement governs your use of the Service.
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Personnel entering on behalf of your school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “User” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service,
Permission to use MangaChat As long as you are complying with all of the terms and conditions of this Agreement, the Company gives you permission to access and use the Service solely to enable your use of the Service. The Service is available for your personal, non-commercial use and should only be used for educational purposes or lawful purposes that help bring school communities together or help parents and children build stronger relationships at home. You may use a single copy of the MangaChat web based App for personal, non-commercial use only.
Access to and use of the Service itself is free, but we do offer, and may add to in the future, optional Premium Features that Classdojo may charge for. Please also be aware that while we currently provide our services for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
_Changes to the Service _
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
We believe that you (or your school as applicable) own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Please see our FAQ for more information.
Restrictions Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “MangaChat Technology” and “Acceptable Use and Conduct” sections.
The Service and the MangaChat Technology are intended solely for the personal, non-commercial use of our Users and may only be used in accordance with this Agreement. “MangaChat Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including MangaChat proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all MangaChat Marks. “MangaChat Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of MangaChat.
MangaChat Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the MangaChat Technology. You agree that, as between you and MangaChat, all the intellectual property rights in the MangaChat Service and MangaChat Technology, which does not include User Content (as defined below), are owned by MangaChat or its licensors. These terms do not grant you the right to use any MangaChat Marks.
You will not, nor will you allow any third party (whether or not for your benefit) to:
User Content and Activities
In the course of using the Service, you and other Users may provide or post certain content or information (including, but not limited to, photos, videos, drawings, journals, documents, music, messages sent between parents and teachers or between students and teachers (“Portfolio Comments”), Student Data (as defined in the DPA), Activities (as defined below), student responses to Activities (“Student Activity Responses”) and Feedback (as defined below)), which may be used by MangaChat in connection with the Service and which may be visible to certain other Users (collectively “User Content”). Please visit our Privacy Policy for additional information on the types of information different types of Users are able to provide. Additionally, some User Content may be deemed an Education Record (as defined below).
School Personnel may contribute educational content, create answers to assessments, create activities for students to complete, create derivative works (e.g. completion of assignments) and transmit this data and content to MangaChat (collectively “Activities”).
School Personnel and Users may submit feedback, comments or suggestions for improvements to the Services (in written, oral or any other form) (“Feedback”).
Ownership
Consistent with applicable law, as between MangaChat and you, you (or your school as applicable) retain all ownership rights you have in any User Content. MangaChat does not claim any ownership rights in the User Content. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Services are not proprietary to you — rights to such templates or layouts will remain with us or our service providers.
User Content
In order to allow MangaChat to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service, including distributing Activities, and providing the Premium Features), worldwide, royalty-free, and transferable (only to a successor) right and license to:
By default, if School Personnel contribute Activities, such Activities will be licensed royalty-free to MangaChat under the Creative Commons Attribution 4.0 License (“CC License”), which is available at https://creativecommons.org/licenses/by/4.0/. Such Activities shall be available to the School Personnel's school and its Users, but MangaChat may also sub-license such Activities to other Users of the Services at other schools. You acknowledge and agree that Activities will be licensed under the CC License unless you "opt-out" of sharing to other schools. Such Activities will continue to be licensed under the CC License until School Personnel “turns off” such sharing for that particular Activities. However, you understand and agree that if you "turn-off" sharing for Activities (i) the Activities will be available to Users within the School Personnel's school only; (ii) the change is prospective and does not terminate any sub-licenses to the underlying Activities previously granted by MangaChat to any third parties (such as teachers from other schools and districts), and (iii) MangaChat thereafter shall not grant any additional sub-licenses for the underlying Activities to third parties such as other schools.
The license in 1(a) above will terminate when you or your Institution (as defined below) delete (i) any User Content with intellectual property rights (like photos or videos) (“IP content”)), (ii) personally identifiable information (such as that in Student Data or an Education Record), or (iii) your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. When you post User Content in a Student Journal this can be viewed by other teachers, students and parents when they are invited to view by other teachers and it means that you are allowing others to access and use that information and to associate it with you (i.e., your name and profile picture if you provide one as a teacher or parent).
Note, however, that any User Content that may be in an Education Record or Student Data (including User Content in or related to messages sent through MangaChat, may be kept after you delete your account for school legal compliance reasons (e.g. maintenance of “education records” under the Family Educational Rights and Privacy Act (FERPA)). Please see the section entitled “Deleting your Account” in our Privacy Policy and our deletion FAQs for more information. When you delete IP Content, Student Data, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
You agree that you, or your Institution, are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. Institution or School Personnel, as applicable, represents, covenants and agrees on behalf of yourself and your student Users that the submitting User (including your students) has all required rights to submit, post, upload or otherwise, own, use or disseminate the User Content it submits or uploads without violating any third-party rights. You are responsible for ensuring your User Content complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of User (e.g., teacher, parent, or student). When you include User Content, you may create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. MangaChat is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. MangaChat cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that MangaChat and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice that reports a User Content infringes someone’s intellectual property rights.
While MangaChat does not permit User Content containing personal information of Users under the age of 13 to be public, if you as a parent or School Personnel, upload any User Content to any area of our Service in areas that may be viewed by others.
You consent to the use of your likeness, and you have obtained (as necessary) the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual's likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained any necessary written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's first and last name or address) with such User Content.
Analyzing User Submissions Our automated systems analyze your User Content (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. MangaChat will not analyze any personal information contained in Educational Records or Student Data for the purpose of providing behaviorally-targeted advertising to students or parents. The foregoing shall not be construed to (i) prohibit MangaChat from marketing or advertising directly to parents or other Users so long as the marketing or advertising did not result from the use of personal information contained in Educational Records or Student Data obtained by MangaChat from providing the Service (unless with parental/guardian consent), (ii) apply to the marketing of school memorabilia such as photographs, yearbooks or class rings, (iii) prohibit MangaChat from using aggregate or De-Identified Data to inform, influence or enable marketing, advertising or other commercial efforts by MangaChat, (iv) limit the ability of MangaChat to use Educational Records or Student Data for adaptive learning or customized student learning purposes, or (v) prohibit MangaChat from using Student Data or Education Records to recommend educational products and services to parents/guardians, students or School Personnel so long as the recommendations are not based in whole or part in payment of other consideration from a third party.
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service and for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. Please see our Privacy Policy for a description of the procedures 1) by which a student, parent or legal guardian of a student may review, access or delete the personal information of a student; and 2) by which the Institution may access and delete Education Records.
In addition, please read the DPA, which is an agreement between us and your school, and describes the duties and responsibilities to protect Student Data transmitted to MangaChat. By using our Service, you agree that MangaChat can use such data in accordance with our Privacy Policy. We won’t reduce your rights under the Privacy Policy without your explicit consent.
