TreeRing Terms Of Service
TreeRing allows schools and school administrators ("School"), parents, and students to collaborate within TreeRing’s social community in the creation of personalized yearbooks commemorating individualized school experiences through the TreeRing website (the "Services"). The following terms and conditions ("Terms") govern the access and use of the Services and constitute a binding legal agreement between you, as a user of the Services, and TreeRing. Your access to and use of the Services is conditioned on your compliance with these Terms. By becoming a Member and accessing and/or using Services you agree to be bound by these Terms. If you are a parent of a student, you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services. If you do not agree with these Terms, you may not use the Services. If you are a school administrator or teacher, these Terms apply to your use of the Services, unless your School has agreed to different or supplementary terms in a separate written agreement with TreeRing.
Eligibility and Account Registration
In order to access certain features of the Services and to post any Content through the Services, you will need to create an account ("Account") and become a "Member." If you are a student and under the age of 13, you must have your parent or legal guardian create an Account for you before you can become a Member and use the Services.
During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process. TreeRing reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password and Account access. You are responsible for any activities or actions under your Account. You will immediately notify TreeRing of any unauthorized use of your Account. TreeRing is not responsible or liable for any activities and actions under your Account.
In order to access the Services, you must receive an access code from your School. If you are a parent or a student, your access to and use of the Services will be subject to privileges and restrictions set by your School. If you have problems accessing a TreeRing account set-up with a third party access code we recommend you check with the School that provided you with the related access code. TreeRing will have no responsibility to you or any other third party for your inability to access or use the Services related to such an account and disclaims any liability related thereto.
The School Obligations
The following terms apply to school administrators and teachers, regarding the School’s obligations related to the Services. The School is responsible for ensuring that its and any other user’s use of the Services under TreeRing’s agreement with the School will not violate any applicable U.S., state, or foreign law or regulation, including without limitation, applicable privacy laws. The School will be solely responsible (and the School hereby agrees that TreeRing is not responsible) for compliance with the Family Educational Rights and Privacy Act and the Child Online Privacy Protection Act (COPPA), including without limitation, by limiting access to the Services to those student users from whom the School has received valid consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. The School is responsible for disseminating parental consent forms to parents of potential student users, for confirming receipt of valid consent forms for each child before granting a parent and/or that parent’s child an access code for the Services, and for retaining such consent forms on file. The School must provide parent users with the option to agree to the collection and use of such parent’s child’s personal information without agreeing to the disclosure of the information to third parties. If a parent user does not consent or rescinds such consent, the School shall immediately notify TreeRing to discontinue that child’s access to the Services and ensure that such child’s information is no longer accessible through the Services. In any case, however, TreeRing may provide any collected information to third parties who use it to provide support for the internal operations of TreeRing.
The School decides who has access to what information and Content and who can delete or modify the information and Content. The School is responsible for providing parent users access to their child’s profile so the parent user may review, modify, or delete any student user information contained in the student user’s profile by allowing the parent to edit the child’s profile on the Services. The School (and not TreeRing) is solely responsible for all consequences of the performance or non-performance of its obligations in this Section of the Terms; TreeRing hereby disclaims any and all liability for the School’s failure to perform its obligations under the Terms.
Members may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials uploaded, downloaded, or otherwise available through the Services ("Content"), to be made available through the Services. You may not post Content that is libelous, defamatory, obscene, abusive, or that violates a third party’s proprietary and privacy rights or that otherwise violates any applicable law. You may not post Content that degrades others on the basis of gender, race, class, ethnicity, national origin, sexual preference, disability or other classification. TreeRing does not control the Content posted by Members on the Services. You grant to all other users of the Services a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content for such Member’s personal and non-commercial purposes. You also grant TreeRing and your School (including its related third party vendors, including but not limited to photographers and yearbook publishers) a nonexclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access any Content in connection with the Services and TreeRing’s business, including, without limitation, publishing and redistributing Content in the School yearbooks. TreeRing does not claim any ownership rights in any of your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of your Content.
You will be responsible for the Content that you make available through the Services. Accordingly, you either are the owner of the Content that you make available through the Services or you have the right, license, or permission necessary to grant to TreeRing the rights in such Content; and the Content you provide (and TreeRing’s or your School’s use of that Content) will not infringe, misappropriate or violate a third party’s proprietary rights, or result in the violation of any applicable law or regulation. TreeRing respects copyright law and expects its users to do the same. TreeRing has adopted and implemented a DMCA Compliance and IP Policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Your posting of or linking to any Content is subject to our DMCA Compliance and IP Policy (See below).
Your School has the right to edit or remove any of your Content at any time for any reason in their sole discretion. If you dispute the editing or removal of any of your Content, you must contact your School for resolution of the dispute. TreeRing disclaims all liability for such editing or removal and will not arbitrate any disputes over removal of your Content with you and your School.
License from TreeRing
Subject to your compliance with the terms and conditions of these Terms, TreeRing grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by TreeRing solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TreeRing or its licensors, except for the licenses and rights expressly granted in these Terms.
Ownership of the Services
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. TreeRing and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services ("Feedback") will be the sole and exclusive property of TreeRing and you hereby irrevocably assign to TreeRing all of your right, title, and interest in and to all Feedback.
You agree not to do any of the following while using the Services:
•Modify, adapt, copy, alter, make derivative works of, attempt to decipher, decompile, disassemble or reverse engineer any portion of the Services;
•Violate any applicable law or regulation, including, without limitation, privacy laws, export laws, and the Child Online Privacy Protection Act;
•Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
•Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, TreeRing’s name, any TreeRing trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without TreeRing’s express written consent;
•Access, tamper with, or use non-public areas of the Services, TreeRing’s computer systems, or the technical delivery systems or any technological measure implemented by TreeRing or TreeRing’s providers to protect the Services;
•Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TreeRing or other generally available third party web browsers;
•Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
•Encourage or enable any other individual to do any of the foregoing.
TreeRing will have the right to investigate and prosecute violations of any of the above, to the fullest extent of the law. TreeRing may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TreeRing has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Links and Third Party Websites
The Services may contain links to third party websites, including but not limited to websites of third party advertisers. You acknowledge and agree that TreeRing is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TreeRing of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. TreeRing cannot ensure that you will be satisfied with the products, services, or business practices of such third parties.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Without limiting the foregoing, TREERING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TreeRing makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. TreeRing makes no warranty regarding the quality of any products or services purchased or obtained through the Services or any third party site. No advice or information, whether oral or written, obtained from TreeRing or through the Services, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. TreeRing makes no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services.
If you are a parent or student user of the Services, you agree to defend, indemnify, and hold TreeRing and School and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms, including any claims that your Content infringes or violates any proprietary right of a third party If you are a School, you agree to defend, indemnify, and hold TreeRing and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your or your students’ access to or use of the Services, or your or your students’ violation of these Terms, including any claims that your or your students’ Content infringes or violates any proprietary right of a third party.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. TREERING WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TREERING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.
Waiver and Severability
The failure of TreeRing to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
TreeRing reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also indicate when such terms are effective at the top of the page. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services are owned and operated by TreeRing, with offices at:
300 S Ellsworth Ave
San Mateo, CA 94401
If you have any questions about these Terms, please contact TreeRing at support( a t )TreeRing . com
Effective: September 8, 2009
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Services, features and Content, to administer your membership and to enable users to enjoy and easily navigate the Services.
Personally Identifiable Information
•When you register as a Member and when you choose to create your own profile web page we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). We use your Personal Information mainly to provide the Services and administer your inquiries. Personal Information includes, but is not limited to, your name, phone number, email address and home and business postal addresses, the name of school you are affiliated with, grade, and other personal information. If you are a student under 13 years of age, we (in conjunction with your School, as further described in the Terms) protect such Personal Information pursuant to the Children’s Online Privacy Protection Act. Users may post Content (as such term is defined in the TreeRing Terms), which may also contain Personal Information.
•We also collect the other information that you provide as part of registration and the administration and personalization of your profile web page (e.g., without limitation, zip code (on its own) and other individual preferences) ("Non-Identifying Information").
•We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services, complete your transactions, and administer your inquiries.
•Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other TreeRing Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
When you visit the Services, whether as a Member or a non-registered user just browsing (any of these, a "TreeRing User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser type or the web page you were visiting before you came to our Services, pages of our Services that you visit, the time spent on those pages, information you search for on our Services, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for technical administration of the Services, to increase our Services’ functionality and user-friendliness, and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit the Services again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Services meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
We require signed parental consent before a School may give access to the Services to a student user from whom information will be collected. School is responsible for confirming receipt of valid parental consent forms for each child before providing an access code, and for providing parent users access to their child’s account and profile, so that the parent user may review, modify, or delete any Personal Information pertaining to the student user contained in the account and profile. Please see our Terms for a full description of the parental consent process.
Parents have the right to refuse further collection, use, and/or disclosure of their child’s Personal Information by notifying School. If a parent user does not consent or rescinds such consent, School shall immediately notify TreeRing to discontinue that child’s access to the Services and ensure that such child’s information is no longer accessible through the Services. In any case, however, TreeRing may provide any collected information to third parties who use it to provide support for the internal operations of TreeRing.
Emailing Via a TreeRing Account
As part of the Services, Members may communicate with other Members and non-registered users through use of their accounts. Where Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from TreeRing to those email addresses on their behalf. These email addresses will be stored in the address book the Member creates and will be used only for the purpose of sending the email communication to the addressee.
Identity theft and the practice currently known as "phishing" are of great concern to TreeRing. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s websites.
Information Sharing and Disclosure
Members. When you register through the Services and submit your Personal Information to create a profile web page, Members will see your real name and the month and year you first registered with TreeRing ("Required Member Identifiers"). You can choose what other Personal Information you provide as part of your profile ("Other Member Information") and in some cases you can choose whether to share that information publicly on the Services by making selections via the "user preferences" section of your profile web page. Providing Other Member Information is voluntary and should correlate with the degree of interaction you want to have with other Members. As this is an invitation-only site designed to service only school community members, be aware that anything shared on the site will be attributable to you without anonymity.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Services-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services’ features) or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.
Compliance with Laws and Law Enforcement
TreeRing cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of TreeRing or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at support ( a t ) treering . com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
TreeRing is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Services
Our Services may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s websites. The fact that we may link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Agreement and Changes
300 S Ellsworth Ave
San Mateo, CA 94401
Effective: September 8, 2009