Terms of Service
Last updated: March 27, 2015
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FEATHERCAP WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Have Fun…Enjoy Learning!Although these Terms form a proper legal contract—and inevitably read like a proper legal contract—the bulk of them are simply designed to ensure our users have fun and truly bring back the joy to learning.These Terms let us provide and continue to improve our Services, while at the same time ensuring that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense: Keep sending awesome Learning magazines to your friends, and please don’t send Learning magazines that they don’t want to receive.
Our AudienceFeathercap is intended for people who are at least 13 years old. For certain features or functionality offered by us such as signing up for a paid subscription plan users must be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Feathercap account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
User ContentThe Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. And you agree to abide by our Community Guidelines, which may be updated from time to time. You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Feathercap is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. In particular, you assume full responsibility for the accuracy and truthfulness of the information provided to Feathercap and ensure that all the information provided, including any text, graphics, data, images, sounds, are lawfully available, and do not violate any law copyright, trademark, patent or other rights of third parties arising from law, contract or custom. Therefore you agree to indemnify Feathercap for any claim of compensation and / or damages claimed by third parties as a result of the publication of these materials
FeedbackYou agree that any feedback, suggestions, ideas, or other information or materials regarding Feathercap or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Feathercap . We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Feathercap ContentUnless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Feathercap Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Feathercap Content may violate such laws and these Terms. Except as expressly provided in these Terms, Feathercap does not grant any express or implied rights to use Feathercap Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Feathercap Content, the Services, or any related software, except as expressly stated in these Terms. You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Feathercap Content. This license is revocable at any time. This license is subject to these Terms and does not include:
- • The distribution, public performance, or public display of Feathercap Content;
- • Modifying or otherwise making any derivative uses of the Services or Feathercap Content, or any portion thereof;
- • Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- • Downloading (other than page caching) any portion of the Services, Feathercap Content, or any information contained therein, except as expressly permitted on the Services;
- • Accessing the Feathercap API with an unauthorized or third-party client; and
- • Any use of the Services or Feathercap Content other than for their intended purposes.
Prohibited ActivitiesIn addition to the other restrictions outlined in these Terms, you agree that you will not: Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- • Compromise the security of the Services;
- • Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
- • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
- • Use or attempt to use another user’s account without authorization;
- • Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- • Engage in any harassing, intimidating, predatory, or stalking conduct;
- • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- • Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
- • Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Feathercap account, Stories, Learning magazines, a Feathercap username, or a friend link without Feathercap ’s prior written consent;
- • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
Account SecurityAfter opening a Feathercap account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Feathercap API. If you use any such application or client, you acknowledge and agree that Feathercap will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages. When you first create a Feathercap account, we may ask for your mobile number to verify your account. Please be aware that your carrier’s text messaging and data fees apply for mobile number verification.
Modifications to the ServicesWe reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Copyright PolicyFeathercap respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Feathercap becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
- Feathercap , Inc.
- Attn: Copyright Agent
- 201 Mission Street
- Suite 1200
- San Francisco, Ca. 94111
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
- i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Feathercap to locate the material.
- iv. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Feathercap to locate the material.
- v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Service Level AgreementThis Service Level Agreement does not become operative until you sign up for the “25” subscription plan or greater. For clarity, this Service Level Agreement applies only to Feathercap subscription plans requiring payment.
DefectsA "Defect" is a technical defect with the Feathercap application and/or those portions of software integrations within Feathercap’s control. Defects fall into two general categories: major (Severity 1 and Severity 2) and minor (Severity 3). The "Severity" of a Defect is determined by Feathercap, subject to the following definitions and parameters.
Major DefectsSeverity 1 (S1): A Defect that results in at least one of the following: (i) the Feathercap URL produces no results, or (ii) Client's authorized users cannot log in to Feathercap's application after repeated attempts. "Severity 1" does not include downtime for maintenance.
Severity 2 (S2): A Defect that results in any of the following: (i) an entire application module (e.g., Learning Cloud, Performance Cloud, Extended Enterprise Cloud, etc.) is inaccessible; (ii) no course is being delivered; (iii) no queue will process any transactions; (iv) no report within the application produces any data or the data has not been refreshed in fewer than twenty-four (24) hours; or (v) no tasks will launch.
S1 S2 Initial Notification One (1) hour via an Incident Report Status Updates Every two (2) hours until resolution or as indicated in the Incident Report Resolution Twelve (12) hours Twenty-four (24) hours Remedy In the event that Feathercap has not complied with its "Resolution" obligations set forth above, then, for each calendar day (or portion thereof) that Feathercap has not so complied, you shall be entitled, as your sole and exclusive remedy therefore, to a credit against your next invoice equal to 1/30th of the monthly subscription amount you are paying at the time of non-compliance by Feathercap.
Minor DefectsSeverity 3 (S3): A Defect in one or more application features. For "Severity 3" Defects, Client determines its priority in having the Defect resolved (i.e., Priority 1 (P1), Priority 2 (P2), or Priority 3 (P3)). Any issue not clearly labeled "Priority 1" or "Priority 2" by Client at the time of initial submission will be deemed a "Priority 3"issue. As a guideline, below are some examples of the three priority levels:
- Priority 1 = A prominent feature I routinely use that is important to my business, where multiple users are prevented from progressing with important tasks. There is no work-around. “I get mad whenever I think about it not working.” An example:
The submit button on a task is greyed out and a user cannot use a specific Feathercap feature.
- Priority 2 = A feature that is annoying when it doesn’t work, but multiple users are not prevented from progressing with important tasks. A work-around exists. “I get annoyed but can deal with it not working.” An example: Users' transcripts do
not accurately reflect course completions. A temporary work-around is available via Feathercap manually running reports for the client to access this data.
- Priority 3 = A feature issue that is neither Priority 1 nor Priority 2, including without limitation, cosmetic issues with the
application. “I can deal with it.” An example: An image is scaled too large on certain printed transcripts.
EscalationYou may escalate an S3/P1 defect to the Feathercap by submitting a request with a written statement of business impact relating to the Defect. Feathercap may agree to shorten the resolution time for the Defect following an assessment of risk and business impact.
RemedyIn the event that Feathercap has not complied with its "Resolution" obligations for S3/P1 and S3/P2 set forth above, then you can give Feathercap prompt notice of such non-compliance by us. If, after five (5) business days from receipt of such notice of non-compliance, Feathercap still has not resolved the problem, you shall be entitled, as its sole and exclusive remedy therefor, to a one time credit** against your next invoice equal to 1/30th of the monthly subscription amount you are paying at the time of non-compliance by Feathercap.
General QueriesFeathercap endeavors to respond to all general queries within hours (2) 24 hours a day/ 7 days a week.
Feathercap AvailabilityFeathercap will provide at least 99.99% availability per calendar month to you. In the event that Feathercap has not complied with this availability obligation, then, for each 0.5% (or portion thereof) of availability below 99.99%, You will be entitled, as your sole and exclusive remedy therefor, to a credit** against your next invoice equal to 1/30th of the monthly subscription amount you are paying at the time of non-compliance by Feathercap.
**To claim a credit, you must submit a credit request within thirty (30) days of the event giving rise to a credit. Upon receiving the request, Feathercap shall have five (5) business days to respond. You can do this buy emailing us at firstname.lastname@example.org. Or by submitting a request through our client support ticket system
1) IndemnificationBy agreeing to these Terms you agree to indemnify, defend, and hold harmless Feathercap , our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “Feathercap Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of LiabilityExcept where prohibited by law, in no event will Feathercap or the Feathercap Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Feathercap has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Feathercap for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Feathercap is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Feathercap ’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH FEATHERCAP , AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- a. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Feathercap that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Feathercap are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Feathercap , and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- c. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- d. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Feathercap , and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Feathercap .
- e. Waiver of Jury Trial. YOU AND FEATHERCAP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Feathercap in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FEATHERCAP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- f. Waiver of Class or Consolidated Actions ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in San Francisco County, California.
- g. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- h. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- i. Small Claims Court. Notwithstanding the foregoing, either you or Feathercap may bring an individual action in small claims court.
- j. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose.
- k. Survival. This Arbitration Agreement will survive the termination of your relationship with Feathercap .